The Martinez Law Firm Articles Violation of a Protective Order

Violation of a Protective Order

By The Martinez Law Firm  Jul. 9, 2010 9:45a

Protective Orders in Texas

In Texas, a restraining order is also known as a protective order. As with restraining orders, a protective order is meant to keep one individual from harming or harassing another. Usually, protective orders are put into place because of prior abuse, threats, or stalking. A protective order may only require that one individual refrain from hurting the other, but it often also is, in effect, a no-contact order. This means that you will not be able to talk to, visit, call, send messages to, or communicate with via a third party to the alleged victim. If you have had a protective order issued against you, you may also have to forfeit your firearms to law enforcement officials, leave your home if you share it with the person who issued the order, pay child support or spousal support while the protection order is active, complete mandatory counseling, and/or refrain from visiting your child. Furthermore, some types of protective orders that are issued in Texas can also be enforced in all other states. Similarly, some protective orders that are issued in other states must be enforced in Texas. Protective orders can be temporary or permanent.
If you have been charged with domestic violence or sexual assault, there is a good chance that the court will impose a protective order, even if the other individual does not feel that it is necessary. A Houston criminal defense attorney who has immense experience dealing with protective orders and protective order violations may be able to stop a protective order from being issued or mitigate the consequences of a violation.

Penalties for a Protective Order Violation

It is incredibly easy to violate a protective order. You are probably used to seeing and talking to the other person on a regular, if not daily, basis. You may have children together and you may share a home together. Once a protection order is issued, there are no exceptions to the terms. You are not allowed to return home even to pick up your things; you are not allowed to communicate with the other individual even if he or she initiates contact.

The first and second offense for violating the terms of a protection order is a class A misdemeanor, which is punishable by up to a year in jail and/or a fine up to $4,000. Regardless of whether or not they are from the same protective order, if you have violated a protective order two or more times, it is a third degree felony. If you violate an order and you have a prior record of assault or stalking the person, it is a third degree felony also. A third degree felony in Texas is punishable by 2-10 years in prison, and/or a fine up to $10,000.

If you have been charged with violating a protective order, or if you are subject to a protective order, contact a Houston Protective Order Violation Attorney at The Martinez Law Firm. We provide complimentary consultations and may be able to help!

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