Texas Protective Order Violation Defense Lawyers

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 restricts your 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 has two or more prior protective order violation convictions
• Third-degree felony if the violation involved committing an assault or stalking the protected person
• Third-degree felony if the violation was committed while the defendant was in possession 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 initiated contact. 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. Attorney Douglas 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.