Improper Contact with the Victim
The line between proper conduct and a serious legal violation can be razor-thin, especially when it comes to interactions with an alleged victim. Maintaining boundaries is not just recommended—it’s legally required. Crossing that line, even unintentionally, can transform a difficult legal situation into a much worse one. You could face additional charges that escalate penalties and complicate your defense strategy.
But what counts as improper contact? How does Texas law enforce these restrictions, and what can you do to protect your rights? This post breaks down everything you need to know—from relevant Texas laws and real-world scenarios to defense strategies that could make all the difference in your case.
What Is Improper Contact with a Victim?
Improper contact with a victim typically refers to any attempt to communicate with or approach an individual who is protected under a legal order or restriction, such as a protective order or no-contact order. This restriction may apply to both the defendant and third parties acting on their behalf.
Improper contact can include:
- In-person communication (verbal or non-verbal)
- Phone calls or text messages
- Social media interactions (comments, direct messages, etc.)
- Sending gifts, letters, or other items
Under Texas law, a violation of a protective order is a criminal offense. Protective orders are typically issued in cases involving:
- Family violence (domestic abuse)
- Sexual assault or abuse
- Stalking
- Harassment
According to Tex. Penal Code § 25.07, a person commits an offense if the person knowingly violates the terms of a protective order. Violations may include reaching out directly to the victim of the offense, regardless of intent.
If the offense involves the use of a deadly weapon or if the defendant is already convicted of an offense involving family violence, the charge may be elevated to a felony of the third degree, carrying steeper penalties.
When Is Contact Considered Improper?
Protective orders and no-contact orders exist to protect victims from potential harassment, intimidation, or emotional distress, ensuring they feel safe during legal proceedings or after an incident. Any form of contact can undermine this protection by making the victim feel threatened or uncomfortable.
However, some gray areas exist; here’s a breakdown of common scenarios:
1. Direct vs. Indirect Contact
Direct contact, such as visiting the victim’s home, calling, or texting, is obviously seen as a violation because it disregards the court’s instructions to maintain distance. Even if someone reaches out with good intentions, such as apologizing or seeking closure, the law views this as interference.
Indirect contact, such as sending a message through a mutual friend or family member, is just as serious. It’s considered an attempt to circumvent the protective order and can still cause emotional harm to the victim of the offense.
2. Accidental Contact
Running into the victim in a public place may not automatically constitute a violation if the contact was purely coincidental and no attempt was made to engage. However, the defendant is expected to leave the premises immediately to avoid suspicion. The court may view failure to leave as intentional contact.
3. Age at the Time of the Order
When the protected individual is younger than 17 years of age, courts impose stricter conditions due to the heightened vulnerability of minors. However, necessary communication—such as school-related matters or medical emergencies—can blur the lines, especially when indirect contact through third parties becomes necessary. Shared public spaces, such as schools or sports events, also pose risks of unintentional encounters that may still be seen as violations.
Consequences of Improper Contact of Victims
Violating a no-contact or protective order can lead to serious legal consequences in Texas:
Class A Misdemeanor: Up to 1 year in jail and a fine of up to $4,000.
Third-Degree Felony: If aggravating factors apply, penalties may include 2 to 10 years in prison and fines of up to $10,000.
Being convicted of an offense for improper contact can also affect related criminal cases, making it harder to negotiate plea deals or achieve a favorable outcome. It can be viewed as evidence of non-compliance and disregard for the law.
Additional Court Restrictions
The court may issue stricter protective orders or extend the duration of the current order. Additional restrictions could include:
- Electronic monitoring or GPS tracking
- House arrest or curfews
- Community supervision requirements
In some cases, defendants who are confined in a correctional facility may still face restrictions preventing them from attempting to communicate with the victim through letters or calls.
Steps to Take If You’re Accused of Improper Contact
If you’ve been accused of violating a no-contact order or protective order, take the following steps immediately:
- Contact an Attorney: Speak with a criminal defense attorney experienced in Texas protective order cases. Legal representation is crucial in building a strong defense.
- Avoid Further Contact: Do not attempt to reach out to the victim to explain or apologize. This can worsen the situation.
- Gather Evidence: Collect any messages, emails, or call logs that can demonstrate the context of the alleged contact.
- Comply with Court Orders: Follow all instructions from the court to avoid additional penalties.
Arrested? Don’t Plea, Call Me!
Navigating protective orders and no-contact restrictions can feel overwhelming, especially when the consequences of an honest mistake can be severe. If you or a loved one is facing allegations of improper contact in Texas, don’t wait until the situation worsens. Early legal intervention can significantly impact the outcome of your case.
At Texas Criminal Defense Group, our team of experienced attorneys is dedicated to protecting your rights and building a robust defense. We understand how stressful and confusing these situations can be, and we’re here to help.