The Preventing Execution of Civil Process crime in the state of Texas gives police the right to arrest you if they believe you prevented a civil process server from serving someone a civil suit. Learn more detailed information about the Preventing Execution of Civil Process offense below.

Preventing Execution of Civil Process is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.”

What is the current Texas law about Preventing Execution of Civil Process?

The current Texas law defines the offense of Preventing Execution of Civil Process in Penal Code Section §38.16 as follows:^[1]

(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.

How can I be charged with Preventing Execution of Civil Process?

You can be charged with Preventing Execution of Civil Process if the state’s attorneys believe that each of the elements of 38.16(a) as described in the section above have been met.

What is the punishment for Preventing Execution of Civil Process?

A conviction for Preventing Execution of Civil Process is punished as a Class C misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $500. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §38.16^2. Texas Penal Code §38.16(c)