Texas Protective Order Violation Defense Lawyers

Types of Protective Orders in Texas

Family Violence Protective Orders

Issued under Texas Family Code Chapter 85, these orders are available to family members, household members, and dating partners who have been the victims of family violence or who fear imminent family violence. They typically prohibit the respondent from committing further violence, threatening the applicant, harassing or stalking the applicant, and coming within a specified distance of the applicant’s home, workplace, school, or child’s school.

Magistrate’s Orders of Emergency Protection (MOEPs)

Issued automatically or upon request at the time of arrest for certain offenses (including family violence assault, sexual assault, aggravated assault, stalking, and trafficking). These orders go into effect immediately upon arrest and typically last 31 to 91 days. They are issued without a hearing and without the respondent’s input meaning many defendants first learn about the order when they are released from jail.

Sexual Assault Protective Orders

Available to victims of sexual assault, stalking, and trafficking regardless of the relationship between the parties. These orders may be issued even when no criminal charges have been filed.

What Constitutes a Violation?

Under §25.07, a person commits an offense by violating any provision of a protective order. Common violations include:

• Direct contact — calling, texting, emailing, or otherwise communicating with the protected person, even if the protected person initiates or invites the contact
• Indirect contact — communicating through a third party, sending messages through social media, or having someone else deliver a message
• Physical proximity — going to a location specified in the order as off-limits (home, workplace, school)
• Social media contact — posting about the protected person, tagging them, or viewing their profile in ways that constitute communication
• Possessing a firearm — protective orders in family violence cases typically prohibit the respondent from possessing firearms for the duration of the order

Critical:Even if the protected person contacts you first (ex. calls you, texts you, invites you over) you are still in violation of the order if you respond. The order restrictsyour conduct. Only the court can modify or lift the order. The protected person cannot waive it.

Penalties

First Offense

Violation of a protective order is a Class A misdemeanor (up to 1 year in jail, fine up to $4,000).

Enhanced Penalties

• Third-degree felony(2 to 10 years) if the defendant hastwo or more prior protective order violation convictions
• Third-degree felony if the violation involved committing an assault or stalking the protected person
• Third-degree felonyif the violation was committed while the defendant was inpossession of a firearm during or related to the violation

Defense Strategies

• Lack of knowledge of the order.The prosecution must prove the defendant knew the protective order existed and knew the specific terms they allegedly violated. If the order was not properly served, if the defendant was not present at the hearing, or if the defendant was not informed of the MOEP’s terms at the time of release, the knowledge element may not be satisfied.
• The order was not valid or had expired. Protective orders have specific durations. If the order had expired at the time of the alleged violation, there is no offense. Doug verifies the order’s validity, effective dates, and terms.
• No actual violation occurred. Doug examines whether the defendant’s conduct actually violated the specific terms of the order. Being in a public place where the protected person happens to be, receiving an unsolicited communication from the protected person, or conduct that falls outside the order’s specific prohibitions may not constitute a violation.
• Accidental or unintentional contact. If the contact was genuinely accidental such as running into the protected person at a store, a misdirected text, or a social media algorithm showing the protected person’s content, the intent element may not be met.
• The protected person initiatedcontact. While this is not a legal defense to the charge (the order binds the defendant regardless of who initiates), evidence that the protected person repeatedly initiated contact can be powerful in negotiations with prosecutors and in presenting the case to a jury. It undermines the narrative that the defendant was the aggressor and demonstrates the complexity of the situation.
• Constitutional challenges. MOEPs are issued without a hearing and without the respondent’s input. Doug evaluates whether the order was constitutionally issued and whether due process was afforded.

Protect Your Future — Contact Deandra Grant Law Today

If you or someone you love is facing criminal charges in Texas, contact Deandra Grant Law for a free, confidential consultation. AttorneyDouglas Huff has defended clients against serious criminal charges throughout his career. Our firm’s forensic science credentials and nearly 30+ years of criminal defense experience mean you get a level of defense that most firms cannot provide.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.