If a person has a protective order issued against them, a Judge has already found that the person has likely committed some type of criminal offense involving family violence, such as assault or stalking. But, often times, that’s just the beginning. To make matters worse, any person who has a protective order in place against them and is accused of violating it can then be charged with a totally new, separate offense called a protective order violation.
Protective Orders in Texas
People often talk about or hear the term “temporary restraining order” when referring to a court order that prohibits one person from engaging in certain conduct directed at another person. But, this type of order is actually called a protective order in Texas. There are several different types of protective orders that can be issued under different areas of law, but the most common types of protective orders I deal with when handling alleged violations are the following:
- Temporary Ex Parte Protective Order Texas — This is an immediate court order meant to stop a person from engaging in abusive, threatening, and harassing behavior and from contacting the alleged victim in anyway. In order to receive this type of order, a Judge must find that a clear and present danger of family violence, sexual assault, abuse, stalking, trafficking, or other harm exists against the person applying for the order. This type of order is usually issued with no notice or hearing to the alleged abuser, because it is intended to provide temporary protection (usually 20 days) until a full court hearing for a Final Protective Order can be scheduled and heard.
- Final Protective Order — Unlike a temporary ex parte protective order, a final protective order can only be issued against an alleged abuser after he or she has received notice of the hearing on the final order and had the opportunity to contest it. In order to issue a final protective order, a Judge must find that family violence has occurred in the past and is likely to occur in the future or that there are reasonable grounds to believe that the alleged abuser has committed sexual assault, stalking, or trafficking. A final protective order usually lasts for 2 years but can sometimes last the rest of the alleged abuser’s life.
Violation of Protective Order in Texas
What happens if you violate a restraining order in Texas, more commonly referred to as a protective order? A person violates a protective order if he or she knowingly or intentionally:
- Commits family violence or an act in furtherance of trafficking of person, sexual assault, aggravated sexual assault, or stalking;
- Communicates directly with a protected individual or member of the family in a threatening or harassing manner; communicates a threat through any person to a protected individual or member of the family; or communicates at all with a protected person or a member of the family if the order prohibits any communication;
- Goes to or near the residence or place of employment of a protected individual or member of the family or any child care facility, residence, or school where a child protected by the order resides or attends;
- Possesses a firearm;
- Harms, threatens, or interferes with the care, custody, or control of a pet possessed by the protected person; or
- Removes, attempts to remove, or otherwise tampers with the normal functioning of a GPS system.
Penalties for Violating a Texas Protective Order
Usually, a person accused of violating a protective order is charged with a Class A Misdemeanor, which means he or she will be looking at up to 1 year in the county jail and/or up to a $4,000 fine. But, if the person has previous convictions for violating the same or other protective orders, or if they’ve violated a condition of bond in a domestic violence case by committing an assault or stalking offense against the protected person, the charge can be enhanced to a felony.
Defending Against Protective Order Violations
If you are charged with a protective order violation in Texas, the State must prove beyond a reasonable doubt that you were actually subject to the terms and conditions of the protective order, you knew of the protective order, and you committed 1 of the 6 violations listed above. If you’ve been charged with a protective order violation, contact Mark O’Bryan today at (972) 372-4054 for a free consultation to see how he may help you.