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 assault–family 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:
Commits family violence by assaulting a family member or person in a dating relationship
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
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
Justin Sparks has been defending clients across Fort Worth and Dallas for over ten years. Our firm helps you through the criminal process, from investigation to appeals, if need be. Free consultations for all new cases.