When it comes to domestic violence, allegations alone can have serious consequences on your reputation and your freedom. The courts often enter a protective order limiting a person’s contact with their alleged victim without even holding a hearing where the accused is present. These orders are temporary, but they can become permanent when the court takes action in the future. Violating these orders also comes with steep penalties.

The elements of violating a protective order can be found under section 25.071 of the Texas Penal Code

(a) A person commits an offense if, in violation of an order issued under Subchapter C, Chapter 7B, Code of Criminal Procedure, the person knowingly or intentionally:

(1) commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;

(2) communicates:

(A) directly with a protected individual in a threatening or harassing manner;

(B) a threat through any person to a protected individual; or

(C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or

(3) goes to or near the residence or place of employment or business of a protected individual.

Seeking a Civil Protective Order in Texas

A person wishing to enter a protective order must file a petition with the court. This can be done “ex parte,” meaning the target of the proposed order does not have to be present. These ex parte orders are temporary, rarely lasting more than two weeks. To extend the order, the court must have a hearing where all parties are present.

At this hearing, the judge has a range of options. They could decide to extend the order indefinitely or replace it with a less restrictive option. A judge could even determine that the order was not necessary, to begin with and terminate it.

Emergency Protective Order (EPO)

In addition to Civil Protective Orders, when a person is arrested for an offense involving domestic violence, the magistrate court will usually enter what is called an emergency protective order or (“EPO”). A hearing is not required to enter an EPO, and the judge may issue at their discretion if the arrest involved any allegation of family violence, if however, the allegation involved serious bodily injury, or if a weapon was involved, the EPO is mandatory. Discretionary EPO’s can last between 31 to 61 days and mandatory EPOs from 61 to 91 days.

What Does a Protective Order Prohibit?

Judges have some flexibility when regarding terms of a protective order. Some of the limitations include:

• Further acts of family violence
• Possessing a firearm
• Communicating with certain parties
• Interference with child custody
• Tampering with GPS monitoring bracelets

Punishment for Violating a Protective Order

As outlined in Texas Penal Code Section 25.07, you will be charged with a Class A misdemeanor if you violate the terms of a protective order. The penalty upon conviction is a maximum of one year in county jail and a fine of no more than $4,000. The State can increase these charges to a felony if you have previously been convicted two or more times of violating an order or if the incident in question involved assault or stalking the reporting witness.

Protective Order vs. Restraining Order in Texas

A restraining order is a different type of civil order that is not enforceable through criminal law; it can be issued in the context of a civil lawsuit for various actions against nearly anyone. Violating a restraining order does not constitute a criminal offense under the Texas Penal Code. These are often associated with family law matters. A protective order is also a civil order but with criminal enforceability. Violating a protective order prompts a police response and can lead to the criminal penalties outlined above.

The Right Attorney Can Make All The Difference In Your Case

At Barton & Associates, Attorneys at Law, PLLC, our attorneys are proud to protect the rights of the accused. We understand there are two sides to every story, and we will make sure yours is heard. Contact us right away to learn more during a private consultation.