Violation of Protective Order
A protective order is sometimes referred to as a restraining order or protection order, but the purpose is always the same. The idea is to prohibit a person from endangering another person.
Protective orders issued by courts often impose a number of different conditions that people must comply with, and any violation of any condition could lead to possible criminal charges. Many protective order violations are technical violations involving no criminal intent, such as alleged offenders calling or responding to electronic messages they received from the protected parties.
Denton Violation of Protective Order Attorney
If you or your loved one were arrested for allegedly violating a protective order in Denton, do not try to explain your actions to police. Make sure that you immediately contact an experienced criminal defense lawyer.
The Law Offices of Richard C. McConathy defends clients in communities all over Denton County. We can explore all of your legal options with you as soon as you call (940) 222-8004 or contact us online to schedule a free consultation.
Violation of Protective Order Charges in Denton County
Protection orders vary in their restrictions from case to case. Texas Penal Code § 25.07(a) establishes that a person commits a violation of a court order if they knowingly or intentionally:
- Commit family violence or an act in furtherance of a trafficking of persons, sexual assault, aggravated sexual assault, or stalking offense;
- Communicate either directly with a protected individual or a member of the family or household in a threatening or harassing manner, a threat through any person to a protected individual or a member of the family or household, or in any manner with the protected individual or a member of the family or household except through that person’s attorney or a person appointed by the court, if the violation is of a protective order and the order prohibits any communication with a protected individual or a member of the family or household;
- Go to or near any places specifically described in the order, including the residence or place of employment or business of a protected individual or a member of the family or household, or any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;
- Possess a firearm;
- Harm, threaten, or interfere with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order or condition of bond; or
- Remove, attempt to remove, or otherwise tamper with the normal functioning of a global positioning monitoring system.
Violation of Protective Order Penalties in Texas
Texas Penal Code § 25.07(g) establishes that a violation of a court order is a Class A misdemeanor. A conviction is punishable by a fine of up to $4,000 and/or up to one year in jail.
A violation becomes a third-degree felony if the alleged offender:
- Has previously been convicted two or more times of a violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, stalking, or trafficking case offense under Texas Penal Code § 25.07 or two or more times of a repeated violation of certain court orders or conditions of bond in family violence, sexual assault or abuse, stalking, or trafficking case offense under Texas Penal Code § 25.072, or has previously been convicted of one of each of the aforementioned offenses; or
- Has violated the order or condition of bond by committing an assault or the offense of stalking.
A conviction is punishable by a fine of up to $10,000 and/or up to 10 years in prison. If actions constituting a violation of a protection order also constitute a separate criminal offense (such as domestic assault or stalking), the alleged offender can be prosecuted for either or both alleged crimes.
Violation of Protective Order Defenses in Denton
Some alleged violations of protection orders are based entirely on complaints from the alleged victims. Alleged offenders may be completely innocent in some cases, and an attorney can help prove that no violations occurred.
It is also important to keep in mind that violations need to have been knowing or intentional for them to be criminal. People cannot be convicted of violations when they were unknowing or negligent.
Denton Violation of Protective Order Resources
Denton County Friends of the Family: Relationship Violence Support Services — The stated purpose of Denton County Friends of the Family is to provide compassionate, comprehensive services to those impacted by rape, sexual abuse, and domestic violence, while partnering with our community to promote safety, hope, healing, justice, and prevention. You can find news and information on upcoming events. Also find such help as emergency shelter, counseling services, and battering intervention.
Denton County Victims’ Assistance Division | Denton County, Texas — The Victims’ Assistance Division serves as a liaison between the victims of violent crime and the criminal justice system. Learn more about victims’ rights and find victim assistance links on this website. You can also find information about Texas VINE (Victim Information and Notification Everyday).
Law Offices of Richard C. McConathy | Denton Violation of Protective Order Lawyer
Were you or your loved arrested for allegedly violating a protection order in Denton or another community in Denton County? It will be important for you to retain legal counsel.
The Law Offices of Richard C. McConathy can fight to help you achieve the most favorable outcome to your case. Call (940) 222-8004 or contact us online to receive a free consultation.