Protective Order Violations

Violation of Protective Order in Texas

In Texas, an order of protection is a court order that provides legal protections for victims of family violence, sexual assault, stalking, trafficking, or other abuse. These orders can place restrictions on the defendant (or respondent), requiring them to refrain from contacting, communicating with, or coming near the protected person for the duration of the order.

For the duration of the order, the respondent must comply with any terms outlined in the order. Below, we outline how a protection order can be violated as well as what happens if a party commits a violation.

What Are the Violations of Protective Orders?

Under Texas Penal Code § 25.07, violations occur when a person intentionally and knowingly does any of the following:

• Removes or tampers with the named party in order’s GPS systems
• Tracks or follow the named party
• Goes to or is found near locations that the order requires them to stay away from
• Retains possession of their firearm
• Harms, threatens, or interferes with the possession of pets, companion animals, or assistance animals owned by the protected person
• Commits family violence or aids in human trafficking, stalking, sexual abuse, or sexual assault offenses
• Threatens the protected party (or their family and household members) using the help of another person or via direct contact with those parties
• Contacting the protected party (or their family or household members) in a harassing or aggressive manner

It is important to note that reconciliation is not a valid defense for violating a protective order in Texas. In certain cases, the protected party may reach out to the defendant with the hopes of reconnecting, reconciling, or talking; even if the other party initiates the contact, a defendant can violate the order by continuing or allowing communication or contact. If you wish to invalidate or terminate a protective order and resume contact, you should speak with an attorney.

Consequences of a Protection Order Violation

If you are convicted of violating a court order issued in connection with family violence, child abuse, dating violence, stalking, human trafficking, or assault charges, you can face up to a year in jail and a fine of no more than $4,000. A protective order violation charge is considered a Class A misdemeanor.

However, violating a protective order can sometimes be charged as a third-degree felony. The following circumstances allow for the charges to be escalated:

• The defendant has two or more prior convictions for violating protection orders.
• The defendant violated the conditions of their bond or violated the order by committing stalking or assault.

A third-degree carries a penalty of two to ten years in prison. You can also be required to pay a fine of up to $10,000.

Arrested for Violating a Protective Order in Texas?

The Clark Law Firm has decades of experience helping clients defend themselves against domestic violence and other criminal charges. Should you or a loved one face protective order violation charges, we are here and equipped to help you combat the prosecution’s assertions and work toward a favorable case outcome.

For help defending against allegations of protective order violations, contact our firm online or via phone at (817) 435-4970.