If you have been accused of violence, such as domestic violence, assault, or stalking, a restraining order may be issued against you, restraining you from engaging in certain activities. It’s crucial to understand the penalties for violating such an order in Texas. This blog will discuss common violations and their consequences if you currently have a protective order against you. Additionally, it will highlight the importance of consulting with a dedicated Dallas County Criminal Lawyer to explore your legal options. 

What is a Restraining Order?

In Texas, a protective order, commonly known as a restraining order, is a formal court document issued to safeguard individuals. This legal document prohibits another party from making contact, which includes making electronic communications and appearing at their home or workplace.

It’s imperative to understand that restraining orders are not treated with levity by the court. Consequently, the individual seeking the order must present substantiating evidence to support their claim of being in imminent danger from the individual against whom protection is sought.

Various forms of protective orders are available in Texas. A general protective order typically remains in effect for two years from its issuance date, whereas an ex parte order provides immediate protection until a hearing can take place, usually occurring within 14 days. At this hearing, the presiding judge may issue a different form of restraining order depending on the unique circumstances.

If a protective order has been issued against you, you are legally prohibited from knowingly and intentionally engaging in the following actions:

  • Harassing the alleged victim or their family through contact.
  • Using another person to threaten or harass the alleged victim.
  • Visiting locations prohibited by the protective order.
  • Removing any GPS monitors.
  • Possessing a firearm in the vicinity of the alleged victim.
  • Harming or threatening an animal or pet owned by the alleged victim.

What Penalties Can I Face for Violating a Protective Order in Texas?

Violating a protective order in Texas carries serious consequences, as it’s typically classified as a Class A misdemeanor. This can result in up to one year of imprisonment and fines of up to $4,000. If the order was issued due to sexual abuse, assault, stalking, or indecency with a child, the violation is classified as a state jail felony. This charge is punishable by up to two years of imprisonment and a fine of up to $10,000.

If a defendant has two or more prior convictions for violating restraining orders, or if the violation involves assault or stalking, it can be charged as a third-degree felony. This can result in a prison sentence of at least two but not more than 20 years, along with a fine of up to $10,000. It’s important to note that violating a protective order can also impact your custody and visitation rights.

For more information, please don’t hesitate to contact an experienced attorney from Spangler Law.