Interfering with Civil Process

You don’t have to lay a hand on anyone to end up with a criminal charge in Texas. Something as simple as refusing to take legal papers or giving a process server a hard time can cross the line. It’s called interfering with civil process, and while it’s not a felony, it can still put a mark on your record that’s hard to shake.

The catch? Most people don’t even know it’s a crime. They think ignoring paperwork will buy them time or avoid trouble when it often does the opposite.

Interfering with the Civil Process in Texas

Interfering with civil process refers to knowingly resisting, obstructing, or interfering with the service or execution of civil court orders. In simpler terms, if you prevent or delay the proper delivery or enforcement of legal papers related to civil cases, you could face criminal charges.

What Qualifies as a Civil Process?

“Civil process” refers to any legal action or order issued in a civil (non-criminal) case. This can include:

• Divorce papers
• Restraining orders
• Eviction notices
• Subpoenas (court orders to appear in court)
• Child custody orders
• Lawsuits or civil complaints

Interference can happen during any part of the process, including serving papers, enforcing a court order, or carrying out legal procedures like repossession or eviction.

Texas Law on Interfering with Civil Process

Under Texas Penal Code § 38.16 , interfering with civil process is a criminal offense. The law states that:

“A person commits an offense if he intentionally or knowingly, by words or physical action, prevents the execution of a civil process.”

Key Elements of the Offense

For the prosecution to convict you of interfering with civil process, they must prove three key elements beyond a reasonable doubt:

1. Intentional or Knowing Action – The defendant must have acted intentionally or knowingly. This means it’s not enough for the interference to be accidental.
2. Prevention of Execution – The defendant’s actions must have directly prevented or delayed the execution of the civil process.
3. Use of Words or Physical Action – This includes physical resistance, threats, intimidation, or other forms of obstruction.

If any of these elements are missing, the prosecution may struggle to secure a conviction.

Examples of Interfering with Civil Process

To give you a better understanding, here are some real-world examples of how interfering with civil process could play out:

Example 1: A person refuses to open the door for a process server delivering divorce papers, despite knowing the server’s identity and purpose.

Example 2: Someone physically pushes a process server away when they attempt to deliver a court order.

Example 3: A person destroys or conceals court papers after being served to prevent the other party from complying with the court’s order.

Example 4: Threatening or intimidating a process server into leaving without completing the delivery.

Even seemingly minor resistance, such as refusing to acknowledge the service or verbally harassing the process server, could lead to charges.

Penalties for Interfering with Civil Process in Texas

Since interfering with civil process is a Class C misdemeanor, the penalties are relatively minor compared to more serious crimes, but they can still have lasting consequences. If convicted, you could face:

• A fine of up to $500
• No jail time 

Although a Class C misdemeanor is the lowest level of criminal offense in Texas, having a criminal record—even for a minor offense—can affect employment, housing, and future legal matters.

Additional Consequences:

• A conviction could show up on background checks.
• Your reputation could be damaged if it becomes public knowledge.
• You could face additional civil penalties or legal action if the interference caused harm to the other party’s legal case.
• In some cases, you may also face contempt of court or other civil penalties if the interference delayed or obstructed a court order.

Defenses Against Interfering with Civil Process Charges

If you’ve been charged with interfering with civil process, don’t panic. There are several potential defenses that a skilled defense attorney can use to fight the charges:

Lack of Intent or Knowledge

• Since the law requires that the interference be intentional or knowing, you could argue that you didn’t realize the person was a process server or that you didn’t intentionally obstruct them.

No Actual Interference

• The prosecution must prove that your actions actually prevented or delayed the execution of the civil process. If you did not physically or verbally prevent the process from being served, you may have grounds for dismissal.

Violation of Proper Service Procedures

• Process servers are required to follow specific rules when serving legal papers. If the server failed to comply with proper procedures (such as providing proper notice or identifying themselves), this could undermine the prosecution’s case.

Self-Defense or Fear for Safety

• If you resisted service because you believed the process server was threatening or acting aggressively, you may have a defense based on self-defense or fear for your safety.

How to Respond If You’re Facing Charges?

If you’ve been charged with interfering with civil process, here’s what you should do:

1. Stay Calm and Don’t Resist Further – Once you know you’re being served, don’t make the situation worse by escalating it.
2. Do Not Admit Guilt – Anything you say to the process server or law enforcement could be used against you in court.
3. Contact a Criminal Defense Lawyer Immediately – An experienced attorney can review your case and advise you on the best defense strategy.
4. Gather Evidence – If you believe the process server acted improperly, document everything — including witness statements, video footage, or other proof.
5. Follow Legal Advice – Your attorney may advise you to comply with the court order or challenge the service process in court.

Arrested? Don’t Plea, Call Me!

Interfering with civil process in Texas may seem like a minor offense, but it can have serious consequences. Understanding the law, knowing your rights, and having a solid defense strategy are essential if you’re facing charges.

If you or someone you know is facing a charge of interfering with civil process, don’t try to handle it alone. An experienced Texas criminal defense attorney can help you navigate the legal system and protect your future.