Violations of Protective Orders
Even when a person disagrees with a protective order (also known as a restraining order or protection order), it is important to remember that it is still a court order and there can be legal consequences for failing to comply with the terms of the order. People are often accused of violating protective orders for technical violations such as an alleged offender (referred to as the respondent) calling or sending a text message, email, or other electronic communication to the alleged victim (referred to as the petitioner).
When a protective order was issued based on a domestic violence allegation (referred to in the Texas Family Code as family violence), the prosecutor will take any order violation very seriously.
Restraining order violations are commonly charged as misdemeanor offenses, but repeat offenders can face felony charges that are punishable by lengthy prison sentences and large fines.
Attorney for Violations of Protective Orders in Brownsville, TX
Were you arrested anywhere in South Texas for allegedly violating the terms of an order of protection? Even if you believe that you are completely innocent, you should still avoid saying anything to authorities without legal counsel. Contact The Gracia Law Firm as soon as possible.
Brownsville criminal defense lawyer Jonathan Gracia aggressively defends clients facing domestic violence charges in Hidalgo County, Willacy County, and Cameron County, Florida.
Call (956) 504-2211 to have our attorney provide a complete evaluation of your case during a free, confidential consultation.
Cameron County Protective Order Violations Information Center
- How does a person violate a restraining order?
- What are the consequences of a protection order violation?
- Where can I learn more about violations of protective orders in Brownsville?
The specific terms of a protective order can vary depending on the specific case. What constitutes a violation for one person may not be a violation for a different person.
In general, Texas Penal Code § 25.07 establishes that person a violates a protective order if he or she knowingly or intentionally:
- Commits family violence or an act in furtherance of a trafficking of persons, sexual assault, aggravated sexual assault, or stalking offense;
- Communicates either directly with a protected individual or a member of the family or household in a threatening or harassing manner;
- Communicates a threat through any person to a protected individual or a member of the family or household;
- Communicates 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;
- Goes to or near any of the following places as 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;
- Possesses a firearm;
- Harms, threatens, or interferes 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
- Removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system.
Violations of Texas Penal Code § 25.07(a) are typically Class A misdemeanor offenses punishable by up to one year in jail and a fine of up to $4,000. A protective order violation is classified as a third-degree felony punishable by up to 10 years in prison and a fine of up to $10,000 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;
- Has previously been convicted 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.
Texas Penal Code § 25.07(c) also notes that if conduct constituting an offense under Texas Penal Code § 25.07 also constitutes an offense under another section of the Texas Penal Code, the alleged offender can be prosecuted under either section or under both sections.
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Ozanam Center Brownsville
656 N. Minnesota Ave.
Brownsville, TX 78521
Rio Grande Valley Empowerment Zone Corporation (RGVEZC) — The RGVEZC was founded as a 10-year Presidential initiative designed to afford communities real opportunities for growth and revitalization. Its mission is to "provide programs and services to empower individuals and communities." On this website, you can learn more about services provided by RGVEZC, including community youth development, victims of crime, and a community services directory.
Rio Grande Valley Empowerment Zone Corporation
416 South Alton Blvd.
Alton, TX 78573
The Gracia Law Firm | Brownsville Violations of Protective Orders Defense Lawyer
If you were arrested for an alleged restraining order violation in the greater Rio Grande Valley area, it is in your best interest to immediately seek legal representation. The Gracia Law Firm represents individuals in communities throughout Cameron County, Hidalgo County, and Willacy County.
Jonathan Gracia is an experienced criminal defense attorney in Brownsville who will work tirelessly to help you achieve the most favorable outcome to your case that results in the fewest consequences.
He can review your case and discuss all of your legal options when you call (956) 504-2211 or fill out an online contact form to receive a free initial consultation.