In the states of Colorado and Texas, is an invasion of privacy conviction considered a felony offense?

My ex, who is currently living in TX, has invaded my privacy by sending nude pictures of myself to my family and friends. As well as send them a text message with very private information about things I have done in the past. I want to get a restraining order and file invasion of privacy charges against him. Can I do so even though he is in Texas? And if so, then which state's jurisdiction would he fall under? And will he just get a misdemeanor or can I try to get him on a felony charge. I am very hurt by what he did and I would like to file a felony charge.

Boulder, CO -

Attorney Answers (2)

Robert John Murillo

Robert John Murillo

Business Attorney - Boulder, CO
Answered

Sorry about the problems. Let's start by explaining the nature of claims and charges. First off, a felony or misdemeanor are criminal charges. You can't bring a criminal charge in either state. Only a prosecutor can file criminal charges. So you can try to contact the local prosecutors and see if they would consider this a criminal matter to file a charge. I am almost certain they will tell you these things are not criminal and you must file a civil claim.

So you could consider filing for a civil restraining order and for civil claims for damages. Since the ex lives in Texas, most likely you would have to bring those claims in Texas. I can't say for certain, but I would start by speaking with an attorney in the county where your ex lives. This will be expensive and time-consuming. Good luck.

And, without belaboring the obvious or lecturing, please never again just hand your partner power to ruin your life. All the time people come here to discuss how their exes are now disclosing compromising pictures and the like. Unless your partner forced you in some manner, these things were done voluntarily and were really bad ideas. It would be great if exes could be decent and honorable instead of often spiteful and pathetic. Unfortunately, every day these things happen and these could have been avoided in the first place by some common sense. I wish you the best of luck in your matter.

This answer is for informational purposes only and is not legal advice regarding your question and does not... more
Rixon Charles Rafter III

Rixon Charles Rafter III

Litigation Lawyer - Fairfax, VA
Answered

Concur with Mr Murillo, it unlikely the DA will "press charges"; instead he/she will most likely call it a civil matter--leaving the cost of seeking redress on you. Unfortunately, your civil options are rather limited too--depending on damages you MIGHT have options, but they will cost you quite a bit to pursue.
Recommend you chat with a TX attorney specializing in privacy cases and see if he/she can identify a course of action that give you some degree of comfort, but you'd be well advised to forget about any 'revenge' being gotten through the criminal courts.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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