Texas Penal Code 38.16 – Preventing Execution of Civil Process

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Texas Penal Code 38.16 – Preventing Execution of Civil Process

WHAT IS PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

The Texas law against preventing execution of civil process prohibits engaging in words or actions with the intent to inhibit civil process server’s execution of process in a civil cause.

WHAT IS THE PREVENTING EXECUTION OF CIVIL PROCESS LAW IN TEXAS?

Tex. Penal Code § 38.16. PREVENTING EXECUTION OF CIVIL PROCESS.

(a) A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.

(b) It is an exception to the application of this section that the actor evaded service of process by avoiding detection.

WHAT IS THE PENALTY CLASS FOR PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

Preventing execution of civil process is a Class C misdemeanor, punishable by up to a $500 fine.

WHAT IS THE PUNISHMENT RANGE FOR PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

The punishment range for preventing execution of civil process, a Class C misdemeanor, is up to a $500 fine, and no jail time.

WHAT ARE THE PENALTIES FOR PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

A person charged with preventing execution of civil process may be placed on deferred adjudication for up to 180 days. The judge who defers further proceedings without finding the person guilty may require conditions of deferred adjudication, such as community service, counseling, or payment of any restitution.

WHAT ARE THE DEFENSES TO PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

The statute provides an exception to the offense for a person who evades service or avoids detection. This means that if a person hides from a process server rather than interacting—for example, by turning off all the lights and not answering the door—he may not be punished for preventing execution of civil process.

WHAT IS THE STATUTE OF LIMITATIONS FOR PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

The limitation period for preventing execution of civil process, a Class C misdemeanor, is two years.

PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS

Preventing the execution of civil process requires intentionally or knowingly inhibiting a process server’s attempts to execute service of process. The person must have actively engaged in conduct, through words or physical actions, that prevented service of process, rather than simply hiding or avoiding detection.

TEXAS PREVENTING EXECUTION OF CIVIL PROCESS COURT CASES

There is no case law regarding preventing execution of civil process in Texas. The only authority to shed light on the statute’s application is the Office of the Attorney General of Texas.

The Office of the Attorney General issued an opinion on this law in 2003, advising that private businesses may refuse entry to process servers and sheriffs, without being prosecuted under Section 38.16. In such a scenario, a process server may request authorization from a court to leave the citation at the location with anyone over 16 years of age.

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I had the pleasure of being represented by Trey Porter Law. Attorney Joseph Strickland worked with me directly and was wit me at every court appearance and I couldn't be more satisfied with the outcome. From the outset, they set clear expectations on how they could help me avoid jail time for my DWI charge.

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Mr. Porter an amazing attorney, he help me get through my situation swiftly and professionally as well as save me time and money in the process. Working with Mr. Porter was a pleasure, he kept me well informed and updated throughout the whole process which made things so much easier for me to understand. Mr. Porter and his team took the stress out of stressful situation. Mr. Porter and his team was always easy to contact and return my phone calls and emails promptly. I cannot give enough praise to Mr. Porter and his team. I had another attorney in the beginning who wad basically going to railroad me. I would definitely recommend Mr. Trey Porter again and again. If you’re looking for a great attorney who is affordable and knowledgeable and will fight for you, Trey Porter is the attorney to choose. Definitely a five star attorney.

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Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

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I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed. I am lucky to have come across his name and will only refer people to Mr. Porter regarding DUI offenses. Trey, I want to thank you publicly. Your expert handling of my D.U.I. got my case reduced to an outcome I was very pleased with. Nothing against my driving record, no loss of license and I’m positive this wouldn’t have turned out so well without you. Thanks for your hard work, empathy and responsiveness it really meant a lot to me.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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