Full question:
I was recently involved in a dispute which resulted in myself receiving a criminal trespass warning. I was at my girlfriend's apartment with my girlfriend present. She left, and 5 minutes later her roommate showed up. The roommate did not want me there, and called the police to have them remove me from the apartment. She continuously yelled and screamed at me, used foul language, and then proceeded to call the police to tell them that she was "uncomfortable with me being there without my girlfriend present." There were other residents on the floor above the apartment that called the manager complaining of yelling and slamming of doors, all of which was done by the roommate. As I said, the result of this was that I received a criminal trespassing warning. I would like to know if I have any sort of case for defamation of character, emotional distress, or harassment, or any combination. Also, my girlfriend ended up having a panic attack over this issue, to the point of crying hysterically and not being able to breathe. She has also been constantly harassed to the point of emotional breakdown and stress about this same issue, with no action to resolve the matter being taken by the roommate, despite several attempts by my girlfriend to do so. Does she have any sort of case for emotional distress, or harassment, or both?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Texas
Answer:
Under Texas law, harassment occurs when a person intentionally tries to annoy, alarm, or embarrass another person. This can include making repeated communications that are obscene or threatening, or causing someone to feel alarmed through false reports (Tex. Penal Code § 42.07). If the roommate's actions were intended to harass you or your girlfriend, it may constitute harassment.
Regarding defamation, for a claim to be valid, the statement must be false and harmful to your reputation. If the roommate's claims about you being in the apartment without your girlfriend were false and made with malicious intent, there might be grounds for defamation. However, proving defamation can be challenging.
Your girlfriend's panic attack and ongoing emotional distress may also provide grounds for her to pursue a claim for emotional distress or harassment, especially if the roommate's behavior has been persistent and harmful. She may need to document the incidents and any impact on her mental health to support her case.
It's advisable to consult with a legal professional who can provide guidance based on the specifics of your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.