Garcia v. TAUTENHAHN

Dissenting Opinion by Justice

BENAVIDES.

I believe that the majority’s opinion allows an alleged sexual assault offender to surreptitiously contact his victim, reasonably placing her in fear of further harm, while avoiding the imposition of a sexual assault protective order. See Tex.Code. Crim. Proc. Ann. art. 7A.03 (Vernon Supp. 2009). Therefore, I respectfully dissent.

The majority sets forth the facts of the case, so I will not repeat them here. My disagreement with the majority’s opinion is twofold: (1) the majority fails to consider the threat from the proper perspective; and (2) by failing…