Violation of a Protective Order: Texas Laws and Penalties
In Texas, if a person has been arrested for an act of domestic violence or if a partner files a request for safety. A judge may issue a restraining order. This is commonly done to help protect victims of abuse and stalking.
If an officer has reasonable grounds to believe that you have threatened, assaulted, or approached an individual protected by a restraining order. They can arrest you without needing a warrant. This arrest can be based on witness testimonies, tangible evidence like injuries on the victim, or your own admissions.
Protective Order in Texas
In Texas, courts typically issue restraining orders in cases involving domestic violence or stalking. If you are arrested on family violence charges or if your spouse files a petition with the court seeking protection, a judge may grant an order of protection.
Separate from any criminal charges, the judge will conduct a hearing and issue a restraining order if there is evidence of past family violence and a likelihood of future occurrences.
The restraining order can impose various restrictions, such as prohibiting domestic assault, making threats (directly or indirectly through others). Or approaching the protected person’s home and workplace. The judge may also require you to participate in a program aimed at preventing domestic violence. And you will be required to surrender any firearms in your possession.
The duration of a restraining order is determined by the judge, typically up to two years. If you are incarcerated, the order may remain in effect for up to one year following your release.
Violating any conditions outlined in the protective order can result in charges. This includes possessing a firearm, making threats against household members of the protected person. Or being present in a location where you know the protected person will also be present.
Even if you and your spouse have intentions of reconciliation and she invites you over. The police can and will arrest you if the restraining order is still active.
Violating a restraining order
If you violate a restraining order, the consequences can be serious. The specific penalties vary depending on the jurisdiction and the severity of the violation. However, here are some general outcomes that may occur if you violate a restraining order:
- Arrest: Law enforcement authorities can arrest you if they have evidence or reasonable belief that you have violated the restraining order. They can take you into custody without a warrant if they have probable cause to believe you have breached the terms of the order.
- Criminal Charges: Violating a restraining order is considered a criminal offense. You may face charges, which can range from a misdemeanor to a felony, depending on the circumstances and any prior violations. The exact charges and potential penalties will depend on local laws.
- Legal Consequences: If you are convicted of violating a restraining order, you may face legal consequences such as fines, probation, mandatory counseling or therapy, community service, or even imprisonment. The severity of the penalties depends on the jurisdiction and the seriousness of the violation.
- Extension or Modification of Restraining Order: Violating a restraining order can lead to the extension or modification of the existing order. The court may decide to extend the duration of the restraining order to provide continued protection for the victim. Additionally, the court may impose stricter conditions or additional restrictions to prevent further violations.
It is crucial to take restraining orders seriously and comply with all the provisions outlined in the order. If you have concerns or believe the order is unjust or improperly obtained. It is essential to consult with a legal professional to understand your rights and options within the legal system.
Arrested? Don’t Plea, Call Me!
If you are facing violation of a protective order criminal charges. It is highly recommended that you seek the assistance of an experienced criminal defense lawyer. A criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.
As an experienced criminal defense attorney we can review the facts of your criminal case, investigate the charges against you. And develop a strong defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
In addition, we can provide you with information about the potential indecent exposure consequences of a conviction. Including the possibility of jail time, fines, and other penalties. And work to minimize the impact of the charges on your life and future.
Overall, the criminal law justice system can be complex and scary. Having an experienced criminal defense lawyer can significantly improve the outcome of your case. Our lawyers can help you comprehend the legal process, outline your choices, and provide advice and support. They can also help you review any evidence gathered against you, prepare witness statements, and investigate any mitigating circumstances.
Therefore, we will also ensure that all of your legal rights are protected throughout the process. In addition, they can help you understand any plea deals or other agreements that may be presented. If the case goes to trial, our lawyers will be there to support you. They will present powerful legal arguments to try to get you the best result.