TX Restraining Order Violation: What You Need to Know?

Being accused of violating a restraining order in Texas is a serious legal matter with far-reaching consequences. Robust legal defense is essential given the severity of the situation. An experienced Dallas County Criminal Lawyer can help you navigate this difficult time and mount the strongest defense to mitigate the life-altering effects of a conviction.

What Counts as Violating a Restraining Order?

First and foremost, a restraining order, also known as a protective order, is a court order specifically designed to safeguard a victim from violence, stalking, or harassment. When this order is served, it imposes strict restrictions on the individual named, often including:

• Prohibiting contact with the protected individual
• Requiring the named individual to stay a certain distance away from the protected person (stay-away order)
• Prohibiting the possession of firearms
• The named individual must vacate a shared residence

A violation occurs when the named individual knowingly or intentionally disobeys any of the specific provisions stipulated in the order.

What Are the Immediate Consequences?

If you’ve been accused of violating a restraining order in Texas, it’s crucial to understand the potential penalties. The severity of the penalties you’ll face depends on the unique circumstances of your case and your prior criminal history.

For a first offense, you’ll face a Class A misdemeanor, which is punishable by:

• A fine of up to $4,000
• Probation
• Up to one year in a county jail

It should be noted that the charge can be elevated to a third-degree felony, carrying much harsher consequences, if:

• You have prior convictions for violating a protective order
• The violation involved an assault or caused bodily injury ot the individual protected by the order
• The violation involved a deadly weapon

A third-degree felony carries the following penalties:

• A fine of up to $10,000
• Imprisonment for a minimum of two years up to a maximum of ten years

Given the severity of these potential penalties, it’s in your best interest to connect with a Dallas County criminal lawyer. At Spangler Law, we are prepared to help you understand your rights and craft a robust defense strategy.

What Defenses Are Available?

Before determining the right defense strategy, it’s crucial to recognize that an accusation is distinct from a conviction. The appropriate approach will depend on the specific facts of the case. One common defense strategy involves arguing a lack of criminal intent or knowledge, maintaining that you were genuinely unaware of the specific order or didn’t intentionally breach its terms. Keep in mind that this argument must be supported by tangible proof.

Another key strategy involves disputing the accuracy of the claim, suggesting that the allegations are either overstated or entirely untrue. This approach requires witness accounts and relevant documentation. Finally, a defense can be built on the premise of insufficient evidence, highlighting the prosecution’s failure to meet the required burden of proof.

Prompt action is crucial. Contact Spangler Law today for guidance and skilled representation.