Civil Cases & Mediation

It may seem an unpalatable course of action (not to mention expensive) and can be difficult to bring yourself to do.  But, if you can get the other party to agree to terms remember this - proving claims of harassment, stalking, etc. is subjective in nature.  In civil court, claiming someone is harassing you by sending you seemingly innocuous communications, invading your privacy, or making veiled threats will always be seen by the judge / jury through lenses of their own experiences.  Having the other party agree via a legally binding contract to never contact you or your loved ones, interfere in your life again, stalk you, etc. is much easier to prove should they violate it.  Breach of contract is breach of contract - period.  Your supporting evidence will then be used mainly for consideration of damages, not whether the other party committed a subjectively identified “offense”.

This is not to say it will be a picnic.  Placing "value" on one's peace of mind is tricky, and your attorney should be well versed in contract law.

Essential Elements of Breach of Contract
Existence of a Valid Contract
To prove the existence of an enforceable contract, a party must establish three elements:

Offer – this can simply be an intention to enter a contract. However, not all discussions of future deals will be offers. For example, an advertisement will probably not be considered an offer.
Acceptance – this means the parties have genuinely agreed to all of the contract's essential terms. This is an area of the law where written contracts are preferable to oral contracts. Written contracts tend to be a more clear expression of the essential terms each party has accepted.
Consideration – this means each party must have given and received something of value. Put generally, a unilateral promise is probably not an enforceable contract; neither is a contract based on services rendered in the past

Source: Legal Match: Essential Elements of Breach of Contract

Texas Elements of Cause of Action and Statute of Limitations:

ELEMENTS OF CAUSE OF ACTION FOR BREACH OF CONTRACT

To recover for breach of contract, a plaintiff must prove the existence of a valid contract, that the  plaintiff performed, that the defendant breached the contract, and that the defendant's breach  caused plaintiff injury. Winchek, 232 S.W.3d at 202. Recovery of attorney's fees from an adverse  party is allowed when a contract or statute permits the recovery. Tony Gullo Motors I, L.P. v. Chapa,
212 S.W.3d 299, 310 (Tex. 2006).

In order to prevail on a breach of contract claim, a plaintiff must establish: "(1) the existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of the contract by the defendant; and (4) damages sustained by the plaintiff as a result of the breach." Valero Mktg. & Supply Co. v. Kalama Int'l, LLC, 51 S.W.3d 345, 351 (Tex.App.-Houston [1st Dist] 2001, no pet.); see also Bridgmon v. Array  Sys. Corp., 325 F.3d 572, 577 (5th Cir.2003).

The elements of a breach of contract claim are (1) the existence of a valid contract between plaintiff and defendant, (2) the plaintiff’s performance or tender of performance, (3) the defendant’s breach of the contract, and (4) the plaintiff’s damage as a result of the breach. Prime Prods., Inc. v. S.S.I. Plastics, Inc., 97
S.W.3d 631, 636 (Tex. App.—Houston [1st Dist.] 2002, pet. denied).  01-03-00034-CV

ACCRUAL OF ACTION IN INSTALLMENT CONTRACT

A four-year statute of limitations applies to contract actions. Tex. Civ. Prac. & Rem. Code Ann. §
16.004 (Vernon 2002). A cause of action for breach of contract generally accrues at the time of
breach or when the claimant has notice of facts sufficient to place him on notice of the breach. Stine
v. Stewart, 80 S.W.3d 586, 592 (Tex. 2002); Davis Apparel v. Gale-Sobel, a Div. of Angelica Corp.,
117 S.W.3d 15, 18 (Tex. App.-Eastland 2003, no pet.). A party breaches a contract when he or she
fails to perform a duty or violates an obligation required by the contract. Hoover v. Gregory, 835 S.W.
2d 668, 677 (Tex. App.-Dallas 1992, writ denied).

Source: Texas Appellate Courts, Cases and Judicial Campaigns on the Web - Texas Opinions: Law Breach of Contract

Applicable Texas Civil Code: CIVIL PRACTICE AND REMEDIES CODE TITLE 2. TRIAL, JUDGMENT, AND APPEAL