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Houston Violation of a Protective Order Lawyer

Whether you agree with the protective order or not, when a court order is in place, you are expected to abide by it. Failure to remain in compliance with a protective order could come with serious criminal penalties. However, there are many situations in which you may be accused of violating a protective order despite your intent to avoid the subject of the protective order. The risks that come with a violation could have a profound impact on your life.

Get help clearing your name and maintaining your reputation with the court when you turn to a reputable Houston violation of a protective order lawyer from the Law Office of David A. Breston. Our team is available 24/7 to help you prearrange bail, understand the severity of the charges against you, and analyze the best approach to your defense strategy. Schedule your confidential consultation with a Houston criminal defense lawyer at our firm to safeguard your future.

What is a Protective Order?

As described under Tex. Pen. Code § 25.07, a protective order is issued by the court and can order one individual to stay away from the other or prohibit them from committing any act of violence against them. With a protective order in place, you could be banned from returning home and ordered to cease all communication attempts with the subject of the protective order. This includes:

  • Text messages
  • Social media contact
  • Showing up at work or school
  • Phone calls
  • Sending gifts
  • Indirect contact through a third party
  • Liking a post
  • Driving past their home

None of these actions need to be aggressive or threatening to count as a violation. Prosecutors often rely on phone records, screenshots, and witness statements to prove what happened. Under Texas Penal Code § 25.07, any knowing violation of a protective order can lead to jail time, fines, or even felony charges depending on the circumstances.

Violations Under Texas Penal Code Section 25.07

Per Texas Penal Code § 25.07, if you violate an order of protection, you could be charged criminally. Typically, violations will be charged as a class A misdemeanor. This is punishable by fines of up to $4,000 and as much as one year in jail.

It should be noted that if you have previously violated a protective order or are found in violation of the bond conditions in certain types of cases, your charges could be elevated to a felony. Generally, these charges would be considered a third-degree felony. If convicted, you could pay up to $10,000 in fines and spend up to 10 years incarcerated in a Texas state prison.

Types of Protective Order Violations

Under Texas Penal Code Chapter 2. Burden of Proof, the prosecutor will need to prove guilt beyond a reasonable doubt for the jury to return a conviction. Therefore, they must show that you committed one or more of the following acts, thereby violating the existing protective order:

  • Threatening a family member through someone else
  • Committing an act of family violence
  • Threatening or harassing the protected family member
  • Being in possession of a firearm
  • Attempting to communicate with the alleged victim
  • Showing up at a location that the alleged victim regularly attends, such as school, work, or home

Trying to determine what kind of protective order applies to your case can feel overwhelming. Some are automatic and short-term, while others go into effect only after a hearing. Each type comes with its own rules and limitations, and it is important to know which one you are dealing with.

Additionally, if you’re dealing with a protective order as part of a domestic violence case, our Houston domestic violence defense lawyers can help you understand your rights and build a strong defense.

Emergency, Temporary, and Final Protective Orders

Emergency Protective Orders (EPOs) are often issued by a judge after an arrest involving violence or threats. The person protected by the order usually does not need to request it. Police officers often initiate it on their behalf.

Temporary and Final Protective Orders take more time and typically require a court hearing. These orders are based on sworn statements and evidence, and a judge decides how long they should remain active. Some last for a few weeks, while others can stay in place for several years.

Common Restrictions That Protective Orders May Include

Most orders prohibit direct contact, including calls, texts, visits, or messages through someone else. Some orders also include restrictions about being near a specific home, school, or workplace. The surrender of any firearms may also be required, depending on the type of order.

A violation does not have to involve physical contact. Even one message, a social media interaction, or showing up somewhere unexpectedly can trigger consequences. The courts treat these violations seriously, and they are easier to prove than many people realize.

What Happens During a Protective Order Hearing

Not every request for a protective order is automatically granted. Between the initial police report and the final court decision, there are important steps that can affect the outcome. Even temporary orders come with serious restrictions, and the consequences of a domestic violence conviction can start long before a final hearing.

How Protective Orders Are Requested and Issued

Most protective orders begin with police contact during or after an incident involving threats or violence. If the situation meets certain criteria, the District Attorney may petition the court for a protective order. A judge reviews the details and decides whether or not to issue an Emergency Protective Order on the spot.

In some cases, a temporary order is issued right away, and a hearing is scheduled soon after. That hearing gives both sides a chance to present their version of events. If you believe the claim was made in bad faith, we can review what happened and help you build a defense based on the facts. Claims involving false accusations require careful handling and a strong understanding of how the court evaluates evidence.

What a Judge Looks for at the Final Hearing

The final hearing is where the judge decides whether the protective order should be extended, changed, or dismissed. The court will look at evidence like text messages, witness statements, medical records, and past police reports. The risk of harm to the alleged victim is always a central issue in these cases.

Under Texas Family Code § 85.001, the judge has the authority to issue a final protective order if there is a finding of family violence and a likelihood that it will happen again. The order can be modified later, but any violation in the meantime can lead to criminal charges. Knowing what the court is watching for can help you prepare and protect your future.

Can Protective Orders Be Lifted or Changed in Texas?

If you believe a protective order was issued unfairly or is no longer necessary, you are not alone in that frustration. It is possible to ask the court to lift or change an order, but the process must be handled carefully. No matter the circumstances, it is important that you never contact the protected person directly while the order is still active.

When and How a Protective Order Can Be Modified

To change or cancel an order, you must file a formal request with the court that issued it. The court will review the history of the case, including whether any violations have occurred. A judge will not consider dismissing the order unless they have a reason to believe the situation has changed in a meaningful way.

Court timelines vary, but a hearing is typically scheduled within a few weeks after the request is filed. At that hearing, the judge may ask for testimony or documents that explain why the order should be changed. If the original order was based on false accusations or a misunderstanding, you will need to explain what happened and support it with clear evidence. Under Texas Family Code § 85.025, the court has the authority to modify or terminate an active order based on new information.

Why Courts Treat Direct Contact as a Violation

Even if the other person reaches out first or says they want to talk, contacting them directly is still considered a violation. Protective orders remain in effect until the court formally cancels or updates them. Mutual communication does not cancel out the original terms of the order.

If you are accused of violating a protective order while trying to work things out, that charge can still move forward. The judge will not weigh your intent until later, and by then, the legal damage may already be done. It is always safer to go through your attorney and let the court handle any changes to the order.

Get Help From a Reputable Violation of a Protective Order Lawyer in Houston Today

If you are accused of violating an order of protection, you need to take action to defend yourself. You could be looking at additional jail time, fines, and other penalties that could impact your ability to raise your children or spend time with your family. Work with a top-rated Houston violation of a protective order attorney from the Law Office of David A. Breston to avoid harsh criminal consequences. Complete our quick contact form or call our office to schedule your defense strategy session as soon as today.