If you have been served with a temporary or protection order, you must follow the terms and conditions of the document, even if you believe the order is unnecessary. 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?

In Texas, an order of protection, also referred to as an order of protection, is a court order that limits contact and future abuse or violence. As such, it may restrict matters like communication, proximity, and behavior. 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

Temporary vs. Final Protective Orders

Protective orders may vary based on the circumstances of the case and allegations.

A temporary ex parte protective order:

  • Can be granted and issued immediately to provide protection
  • Is often issued without the other party (the defendant) present
  • Lasts only for a short period unless it is extended

A final protective order, on the other hand:

  • Is typically issued after a hearing
  • Lasts longer (typically up to two years, though circumstances can impact the length of the order)

What Protective Orders Usually Prohibit

Common terms prohibited through protective orders include:

  • Any direct contact
  • Indirect contact through third parties
  • Electronic communications
  • Going to or near the person’s home, school, or work
  • Firearm possession (depending on the circumstances)

What Counts as Violating a Protective Order in Dallas?

In general, a violation occurs any time you breach any of the conditions that are imposed as part of the order. Many violations arise when a party believes they are doing something seemingly minor or even respectful. However, if the order requires zero contact, it means no contact whatsoever.

Common Examples of Protective Order Violations

  • Texting that you’re sorry or asking to talk
  • Calling from a hidden or unknown phone number
  • Passing messages through a friend or family member
  • Liking or commenting on social media posts
  • Going to restricted locations
  • Removing or manipulating a court-ordered GPS
  • Threatening to harm a pet or a person connected to the prohibited party

What If They Contact Me First?

In the event that you are contacted by the prohibited party, you should not respond. Doing so can still constitute a violation of the protective order.

What Happens if I Violate a Protective Order in Texas?

In Texas, violating a protective order is generally considered a criminal offense and can result in immediate consequences imposed by the Dallas County courts. As such, you can face:

  • Immediate arrest
  • Booking at the Dallas County Jail
  • New criminal charges
  • Revocation of bond
  • Judge-imposed contempt penalties

Contempt of Court vs. Criminal Charges

  • Contempt of court
    • Punishment for disobeying the judge’s orders
    • Can result in fines and jail time
  • Criminal charges
    • A new criminal offense filed by the state
    • Can result in a permanent criminal record

Criminal Penalties for Violating a Protective Order

Under Texas law, the violation of a protective order is charged in accordance with Texas Penal Code § 25.07.

Class A Misdemeanor Penalties

When charged as a class A misdemeanor, violating a protective order is punished by:

  • Up to one year in county jail
  • Fines of up to $4,000.

When a Violation Becomes a Felony

Violating a protective order can be charged as a felony if:

  • The defendant has prior convictions of violating a protective order
  • The defendant violates the order by committing assault or stalking

Felony consequences include:

  • State-jail felony
  • Third-degree felony
  • Other aggravating factors, as described by the law

Additional Consequences for Protective Order Violations

Even seemingly minor violations carry considerable penalties when it comes to breaching an order of protection in the Dallas-Fort Worth area. These consequences can impact your daily life and follow you for the rest of your life.

Bond and Probation Consequences

A protective order violation can:

  • Lead to the revocation of your bond conditions
  • Create new conditions for your release
  • Result in harsher restrictions or a return to jail

Firearm Restrictions

Violating a protective order can impact:

  • Your ability to possess firearms and ammunition
  • Your ability to purchase or carry a weapon

Impacts on Custody and Visitation

If you violate your protective order, it can impact:

  • Current and future custody orders
  • Visitation schedules
  • Family court decision

This is especially true in instances where the parties share children.

What To Do if You’re Accused of Violating an Order of Protection in Dallas County

When accusations arise, whether you believe you accidentally violated the order or the accusation is unfounded, the most important thing to do is immediately stop all communication. Do not make any attempts to “explain” the circumstances. If the person contacts you, do not respond.

Immediate Steps to Take

  • Do not contact the person again
  • Save all relevant evidence
  • Write down your timeline of events
  • Refrain from posting on social media
  • Contact a criminal defense attorney as soon as possible

What to Avoid

  • Do not apologize
  • Do not attempt to explain or “clear up” the situation
  • Do not ask friends or family to contact the person on your behalf
  • Do not assume these accusations can be withdrawn

Contact an Experienced Dallas County Criminal Defense Law Firm

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.