§ 85.003.Proof

Title 4. Liability in Tort · Chapter 85. Liability for Stalking · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 85.003 requires repeated harassing behavior, reasonable fear for safety, and either a violated restraining order or six further elements including a demand to stop and a police report — with corroborating evidence.

Full Text of § 85.003

Text sizeJump to: (a) (b)

(a)A claimant proves stalking against a defendant by showing:

(1)on more than one occasion the defendant engaged in harassing behavior;

(2)as a result of the harassing behavior, the claimant reasonably feared for the claimant's safety or the safety of a member of the claimant's family; and

(3)the defendant violated a restraining order prohibiting harassing behavior or:

(A)the defendant, while engaged in harassing behavior, by acts or words threatened to inflict bodily injury on the claimant or to commit an offense against the claimant, a member of the claimant's family, or the claimant's property;

(B)the defendant had the apparent ability to carry out the threat;

(C)the defendant's apparent ability to carry out the threat caused the claimant to reasonably fear for the claimant's safety or the safety of a family member;

(D)the claimant at least once clearly demanded that the defendant stop the defendant's harassing behavior;

(E)after the demand to stop by the claimant, the defendant continued the harassing behavior; and

(F)the harassing behavior has been reported to the police as a stalking offense.

(b)The claimant must, as part of the proof of the behavior described by Subsection (a)(1), submit evidence other than evidence based on the claimant's own perceptions and beliefs.

End

Plain-English Summary

The proof requirements, and they are among the most detailed in the code.

Three things must be shown. First, that on more than one occasion the defendant engaged in harassing behavior. Second, that as a result the claimant reasonably feared for their safety or the safety of a family member. Third, either a violated restraining order prohibiting harassing behavior, or all six of the following.

That the defendant, while harassing, threatened by acts or words to inflict bodily injury on the claimant or to commit an offence against them, a family member, or their property; that the defendant had the apparent ability to carry out the threat; that this apparent ability caused reasonable fear; that the claimant at least once clearly demanded that the defendant stop; that after the demand the defendant continued; and that the harassing behavior has been reported to the police as a stalking offense.

The restraining order route is far simpler, which is a strong practical reason to obtain one before suing.

The demand-to-stop and police-report elements are the ones claimants most often lack. A victim who avoided contact rather than confronting the stalker, or who did not report because they doubted anything would be done, has not satisfied them however serious the conduct.

Subsection (b) requires corroboration: the harassing behaviour must be proved by evidence other than evidence based on the claimant's own perceptions and beliefs.

Frequently Asked Questions

What must I prove for a civil stalking claim in Texas?

Harassing behavior on more than one occasion, resulting reasonable fear for your safety or a family member's, and either that the defendant violated a restraining order or all six of the further statutory elements.

What are the six elements?

A threat of bodily injury or an offence, apparent ability to carry it out, fear caused by that apparent ability, a clear demand to stop, continued behavior after the demand, and a police report of the harassing behavior as a stalking offense.

Do I need to have reported it to police?

Under the six-element route, yes. The restraining order route does not require it.

Is my own testimony enough?

No. The harassing behavior must be proved by evidence other than the claimant's own perceptions and beliefs.

Amendment History

Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14, 1995.
Renumbered from Civil Practice and Remedies Code Sec. 83.003 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff. Sept. 1, 1997.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source