Cyberbullying Case Basics

• Documentation of Good-Faith Efforts: Demand letters demonstrate that the complainant tried to resolve the matter informally before escalating it to legal action—which can strengthen a case if it does proceed to court.
• Opportunity for Resolution: It provides the recipient with a chance to stop the alleged harmful behavior without the need for formal legal proceedings. Often, disputes can be resolved more efficiently through this direct action.
• Avoiding Legal Costs: Prevents the time and expense associated with filing and pursuing a lawsuit if the issue is resolved amicably.
• Warning Signal: Alerts the recipient that their behavior may have legal consequences, often prompting them to take corrective action to avoid further escalation.

The Texas Civil Practice and Remedies Code does not require a cease-and-desist letter prior to initiating a legal case under David’s Law. Individuals or entities can directly file lawsuits without sending a cease-and-desist letter if they believe their rights have been violated.

For cyberbullying victims, urgent legal action might be necessary if the victim is experiencing severe emotional distress, showing signs of thinking about or planning to hurt oneself or end one’s life, or has attempted to take their own life.

In such situations, swift intervention is critical to ensure the victim's safety and prevent further harm.

In cases where urgent legal action is required (e.g., restraining orders or injunctive relief), the complainant may bypass the cease-and-desist stage to address the issue promptly.

1. Fill out the cease-and-desist letter template and sign it. Outline the cyberbullying incidents.
2. Make three copies of the letter.
3. Send a copy of the letter by certified mail, return receipt requested to the parent(s) or guardian(s) of the alleged cyberbully.
4. When you pay the post office to send certified mail, keep the receipt.
5. Send the second copy of the letter by regular mail.
6. Keep a copy of the letter as proof of what the letter says.
7. When you receive the "green card" back from the post office, keep it. You will need the card as proof that the parents or guardians received your demand letter.

Determine if the case involves cyberbullying and is eligible for injunctive relief under David’s Law.

“Cyberbullying” is a single significant act or a pattern of acts by one or more students against another student that is done through technology (like email, instant message, text message, or social media).

For a court to find that cyberbullying has occurred, the action(s) must:

• physically harm the student or the student’s property;
• make the student fear harm;
• create an intimidating, threatening, or abusive learning environment for the student;
• substantially disrupt the learning process, classroom, school; or
• harm the student’s rights at school.

See I want to protect a child from cyberbullying.

Hiring a civil attorney increases costs but may be helpful for more complex cases. Read How to Select a Lawyer, which explains what to consider when hiring a lawyer.

Parents or guardians can file suits without an attorney by completing pro se forms made available by the Supreme Court of Texas: Application and Petition to Stop Cyberbullying under Texas Civil Practice and Remedies Code Section 129A.

Submit the necessary forms in civil court, clearly outlining the harm caused and requested relief (e.g., cease-and-desist orders).

A petition is a document you write that asks the court to give you a certain outcome.

To file, take three copies of your petition to the clerk of the court. The clerk will stamp them to show that you are officially asking the court for the things listed in your petition.

When you give your petition to the clerk, you should be ready to pay a filing fee. Court filing fees vary but can be manageable, especially when using pro se representation. If you cannot afford the court costs, you can fill out a Statement of Inability to Afford Payment of Court Costs, and if approved you can proceed with your request for relief at no charge.

Steps After Filing a Complaint (Before the Hearing)

1. Serving the Respondent

   If filing pro se (without a lawyer), you are responsible for serving the individual (respondent) with the legal documents.

   • Service must be done according to legal requirements, typically through a process server or certified mail, to ensure the respondent is officially notified.
   • Some civil district courts will have a staff attorney to talk to for further guidance on the process, or the clerk of the court can assist (clerks cannot provide legal advice).

2. Requesting a Court Date

   After filing the complaint, you must request a court date for the hearing.

   In Bexar County Civil District Court, pro se applicants may need to visit the court clerk or staff attorney’s office to ensure all documents are in order and to schedule the hearing.

3. Preparing for the Hearing

   Gather all evidence (e.g., screenshots, messages) and organize it for presentation.

   Ensure all required forms and documents are completed and ready for submission to the judge.

4. Court Resources for Pro Se Applicants

   Bexar County Civil District Court provides resources for pro se applicants, such as guidelines and assistance with document review.

   While court staff cannot provide legal advice, they can help ensure your paperwork is complete and direct you to additional resources like the Resources for Pro Se | Bexar County, TX - Official Website or legal aid organizations.

A judge will review the evidence and decide whether to issue the requested injunction.

Attendance Requirement: Both parties (the complainant and the respondent) must attend the hearing.

If a Party Fails to Appear

• If the respondent does not attend, the judge may issue a default judgment in favor of the complainant, granting the requested relief.
• If the complainant does not attend, the case may be dismissed, and the relief will not be granted.

Injunctions may be granted to stop cyberbullying, and compliance is monitored.

• Temporary Injunction Granted First: In cyberbullying cases under David’s Law, the initial relief requested is a temporary injunction (sometimes referred to as a temporary restraining order). When granted, this injunction typically lasts for 14 days, providing immediate protection to the victim by ordering the alleged cyberbully to stop the harmful behavior.
• Filing for an Extended Injunction: Before the temporary injunction expires, the complainant must file for an extended injunction to maintain the protective order. The court will evaluate the evidence and case details in a follow-up hearing to decide whether to issue a longer-term injunction.
• Compliance Monitoring: Once an injunction is issued, compliance is monitored by the court. Violations of the court’s order can result in additional legal consequences for the respondent or their parents or guardians.

What happens if someone violates a cyberbullying injunction?

The injunction must specify what happens if someone violates an anti-cyberbullying order.

If someone violates the terms of an injunction, they can be held in contempt of court. "Contempt" is the legal penalty for violating a court order, and can result in fines or even jail time.

Also, cyberbullying behavior may violate Texas's criminal harassment statute, Texas Penal Code 42.07.

Injunctions under David’s Law require evidence of cyberbullying occurring through electronic communication.

Examples might include:

• Screenshots: Captures of offensive or harmful texts, social media posts, direct messages, or emails.

  Ensure the screenshots include important details, such as timestamps, usernames, and platform information.

• Saved Digital Messages: Text messages or chats that contain threats, harassment, or harmful statements.

• Links to Online Content: URLs to harmful posts, comments, or profiles, especially if the posts are still publicly accessible.

  Save or archive the content in case it is deleted later.

• Witness Statements: Testimonies from others who may have seen the online harassment or bullying take place.

  While not digital evidence, these can strengthen your case alongside screenshots.

• Video Evidence: If the cyberbullying involves live streaming or video content, recordings of the harassment can serve as valid proof.

Read Gathering and Presenting Evidence.

Unlike many civil cases where proof of harm is needed, David’s Law does not require evidence of harm for an injunction. Complainants only need to demonstrate that cyberbullying occurred through electronic communication. This lowers the barrier for victims seeking protection, ensuring timely intervention.

Injunctive relief under David’s Law is limited to cases of cyberbullying. It is not applicable for cases of in-person bullying.

Traditional in-person bullying does not fall under the purview of David's Law for injunctive relief. Parents seeking civil action for in-person incidents must rely on school-level resolution or explore other civil claims (e.g., harassment). In circumstancing involving physical harm, parents should contact the police for appropriate action (including possible claims of assault/battery).

Primary Role: The District Attorney represents the state in prosecuting criminal cases. DAs work on behalf of the public to ensure those charged with crimes are held accountable under the law. They oversee criminal investigations, decide which cases to prosecute, and represent the state in court. The DA does not handle civil disputes between private parties.

A District Attorney (DA) typically becomes aware of a cyberbullying or bullying case through one of the following ways. Note that the DA does not prosecute every case reported.

1. Police Reports

   Filing a police report is often the first step in bringing a case to the DA's attention.

   Victims, parents, or school officials can report incidents to law enforcement, who then investigate and determine if the behavior constitutes a criminal offense. If it does, the case is forwarded to the DA for potential prosecution.

2. School Referrals

   Schools may report severe bullying or cyberbullying incidents to law enforcement, especially if the behavior violates criminal laws or poses a significant threat to student safety.

3. Direct Complaints

   In some cases, victims or their families may directly contact the DA’s office to report criminal behavior. However, the DA will usually require evidence and may direct them to file a police report first.

4. Law Enforcement Investigations

   Law enforcement agencies may independently uncover cyberbullying or bullying during other investigations and bring the case to the DA’s attention.

The complainant, petitioner, or plaintiff is the individual who files a complaint or lawsuit, bringing the issue to the attention of a court or authority.

The defendant or respondent is the person or entity being accused or sued in a civil case.

Injunctive relief is a court-ordered directive to stop or mandate a specific action to prevent harm or protect rights.

A cease-and-desist letter is a formal letter demanding that someone stop a harmful or unlawful action. While not legally binding, it serves as a warning.

Read How to Write a Demand Letter, too.

Remedies are legal solutions provided by the court to resolve a dispute, including financial compensation (monetary damages), injunctive relief, or restitution for harm done.

Remedies are the means of compensating for a wrong or enforcing a right in a legal action.

Punitive damages are a financial penalty imposed on a defendant in civil cases to punish actions that are really bad, harmful, or done on purpose to hurt someone and to deter similar actions in the future.

A civil case is a legal dispute between private parties, often seeking compensation or specific relief (e.g., injunctions).

A criminal case is a legal action brought by the state against an individual for violating laws, aiming for punishment (e.g., fines or imprisonment).

"Pro se" means representing oneself in a legal case without a lawyer. Pro se forms help individuals navigate the process.

Also called "in propria persona" ("in pro per") or being a "self-represented litigant" (SRL).

Service of process is the formal delivery of legal documents to notify the defendant about a lawsuit or legal action.