If you have been served with a temporary restraining order or protection order, you must follow it. Even if you believe the order is unnecessary or want to clarify that you never meant to cause harm, you must not contact the protected individual. If you do violate an order of protection, you could be found in contempt of court and face criminal charges. Please continue reading as we explore the penalties you could face for violating a protective order in Texas and why connecting with an experienced Dallas County Criminal Lawyer is in your best interest.
What is an Order of Protection?
An order of protection, also referred to as a restraining order, is a court order that limits contact and future abuse or violence. It may be issued for, but not limited to:
- Domestic violence within a family or relationship
- An ongoing divorce
- A condition of a defendant’s release or bail in a criminal case
Protective orders are typically ordered to address safety issues. It’s important to note that a protective order can be temporary or final. A temporary order is issued on the day the victim petitions the court, and it only lasts until the next court date. The court will usually extend the temporary order at each court date until the case is resolved. A final order of protection is used if the case results in a conviction or after a judge finds that a family offense has been committed. Protective orders can prohibit:
- Communication with or through another to a protected individual (this includes electronic communication such as text messages, emails, and social media posts)
- Coming within a certain distance of the protected individual or their home, school, or workplace
- Committing further acts of violence or harassment
- Possessing a firearm or ammunition
What Are the Potential Penalties?
In Texas, violating a protective order is generally considered a class A misdemeanor. However, the violation can be enhanced to a felony under certain circumstances. The standard penalty for violating a protective order is up to one year in county jail and a fine of up to $4,000. Violating a protective order can be a third-degree felony if:
- The defendant has two or more prior convictions of violating a protective order
- The defendant violates the order by committing assault or stalking.
You can be sentenced to state jail when the subject of the protective order was a victim of certain crimes. This felony offense can result in 2 to 10 years in prison and a fine of up to $10,000.
If you have been accused of violating an order of protection in Texas, please don’t hesitate to contact a dedicated lawyer from Spangler Law, who can help you navigate this difficult time and defend your rights. Connect with our firm today to learn how we can fight for you.
