Violation of a Protective Order in Texas: What Happens If You’re Accused?
Protective orders, also known as restraining orders, are issued by Texas courts to limit contact between individuals in cases involving family violence, stalking, harassment, or threats of harm. While these orders are meant to protect alleged victims, they can also lead to serious legal consequences if you are accused of violating one—even accidentally.
If you’ve been accused of violating a protective order in Texas, understanding the legal process, potential penalties, and possible defenses is critical. A violation can quickly escalate into criminal charges, jail time, and lasting damage to your record. Here’s what you need to know and how to protect yourself.
What Is Considered a Violation of a Protective Order in Texas?
Under Texas Penal Code § 25.07, a person violates a protective order if they knowingly or intentionally:
✔ Make direct or indirect contact with the protected person (via calls, texts, emails, or social media).
✔ Go near their home, workplace, or school, even by accident.
✔ Threaten, harass, or intimidate the protected person.
✔ Send messages through a third party (such as asking a mutual friend to contact them on your behalf).
✔ Possess a firearm while under an active protective order (unless you are law enforcement).
Even if the protected person initiates contact, responding to them could still be considered a violation. This is one of the most common ways people unknowingly break a protective order.
Penalties for Violating a Protective Order in Texas
A protective order violation is taken seriously by Texas courts, and the penalties can be severe. The exact charges depend on the circumstances of the alleged violation.
First-Time Violation – Class A Misdemeanor
- Up to 1 year in jail
- Fines up to $4,000
Repeated Violations – Third-Degree Felony
If you have two or more prior violations or if the violation involves stalking or assault, it can be upgraded to a felony charge:
- 2 to 10 years in prison
- Fines up to $10,000
Additional Consequences
✔ A criminal record that affects employment, housing, and gun rights.
✔ Potential restrictions on child custody or visitation rights.
✔ Increased difficulty modifying or removing the protective order in the future.
A simple mistake—such as sending a text or showing up at a mutual event—can lead to life-altering penalties.
Common Defenses Against a Protective Order Violation
If you’ve been accused of violating a protective order, don’t panic—there are legal defenses that may help reduce or dismiss the charges.
1. Lack of Intent
The prosecution must prove you knowingly or intentionally violated the order. If the violation was accidental (such as bumping into the person in public or being unaware of their location), your attorney can argue lack of intent.
2. False Accusations
Protective orders are sometimes misused in divorce, custody battles, or personal disputes. If the accusation was fabricated or exaggerated, evidence such as text messages, call logs, or witness statements can help disprove the claim.
3. The Protected Person Initiated Contact
While responding to contact from the protected person is still technically a violation, this can be used as a mitigating factor to reduce charges.
4. Insufficient Evidence
The burden of proof is on the prosecution. If there is no clear evidence (such as surveillance footage, call records, or eyewitnesses), the case may be dismissed.
Having a skilled criminal defense attorney is essential in building a strong defense and avoiding harsh penalties.
What to Do If You’re Accused of Violating a Protective Order
If you’ve been accused of violating a restraining order in Texas, take immediate action to protect yourself:
✔ Do Not Contact the Protected Person – Even if they initiated contact, do not respond.
✔ Gather Evidence – Save any text messages, emails, or call logs that prove your side of the story.
✔ Document Your Whereabouts – If you were falsely accused of being somewhere you shouldn’t be, security footage or witness statements may help.
✔ Hire a Criminal Defense Attorney – Protective order violations are taken seriously in Texas, and having an experienced lawyer can make the difference between a conviction and a case dismissal.
How The Fox Firm Can Help
At The Fox Firm, we understand that protective order violations are not always black and white. Whether you made an honest mistake, were falsely accused, or simply need legal guidance, we are here to fight for you.
Our team will:
✅ Analyze your case and identify weaknesses in the accusations.
✅ Challenge false claims and fight to get charges dropped.
✅ Negotiate with prosecutors to reduce penalties if needed.
✅ Defend you in court to protect your future.
A protective order violation doesn’t have to define your life. Contact The Fox Firm today for a confidential consultation, and let’s fight these charges together.