Violation of Protective Order

Dallas/Fort Worth Misdemeanor Attorney

Protection Orders in Texas

Penal Code Sec. 25.07 establishes the offense of Violation of a Protective Order and makes it a Class A misdemeanor with a punishment of up to one year in county jail and a fine of up to $4,000.

A protective order can be issued by a magistrate in a family violence case wherein a person assaults a family member or a person in a dating relationship and can also be issued as a bond condition in a sexual assault, aggravated sexual assault, sexual abuse, stalking, or trafficking case. A protective order is most commonly issued after an assaultfamily violence case is filed to institute a statutory “cooling off” period where the offender cannot approach or contact the alleged victim.

Offenses Against Protective Orders

If the protective order has been signed and served on the alleged offender, an offense occurs when the offender does any of the following:

  • Violation Protective OrderCommits family violence by assaulting a family member or person in a dating relationship
  • Communicates with
    • a person or family or household member of the person who is protected by the order in a threatening
      or harassing manner, or
    • an indirect threat through a third person to a person or family or household member of the person protected by the order, or
    • the protected person, family or household member in any manner.
  • Goes to or near
    • the residence or place of employment of the protected person, or
    • any child care facility, residence or school of a child protected by the order
  • Possesses a firearm
  • Harms or threatens to harm a pet possessed by the protected person
  • Removes a GPS monitoring device required to be worn by the offender

Violating the protective order by committing assault or stalking or having two previous convictions for this offense elevates it to a 3rd degree felony with a punishment of 2-10 years and a fine of up to $10,000.

Hire an Experienced DFW Defense Attorney if Charged with Violating a Protective Order 

Violation of a protective order is taken very seriously by police, prosecutors and judges. There has been a great deal of publicity involving domestic violence in recent years that makes these kinds of cases difficult for a lawyer to handle unless he has sufficient experience and expertise.

During his years as a prosecuting attorney with the Tarrant County District Attorney’s office, Justin Sparks handled the prosecution of these kinds of cases and is familiar with defense strategies involved in minimizing the effect on a person accused of this offense. Make sure you have an attorney who is experienced with protective order cases on your side to help you build your defense. Call Justin Sparks Law for a free, confidential consultation. 817-334-0300

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Fort Worth Criminal Defense Attorney

Justin Sparks Criminal Defense Attorney