Defense against Protective Orders and Protective Order Violations in Austin, Texas

Protective orders are issued to stop future instances of domestic violence, child abuse or spousal abuse.  Protective orders prevent the people listed on the orders from making physical or verbal contact with the people who obtain the orders.  Although a protective order is a civil court order, violation of a protective order is a criminal offense.  Kevin Bennett both defends against the issuance of protective orders as well as against alleged violations of a protective order.  Kevin Bennett also works with victims of domestic violence to obtain protective orders against their abusers.

A protective order can be temporary or permanent and can prevent you from living in your home, from freely visiting your children, order you to stay away from certain locations and from owning or possessing a firearm.  Orders of protection can be issued for up to two years and may also include mandatory counseling and payment spousal or child support. Orders of protection are available against spouses, former spouses, blood relatives, siblings, roommates, relatives by marriage, a person you have dated, someone you share a child with, and foster children.

What Happens if you Violate a Protective Order?

As previously mentioned, if you violate the terms of a protective order, you will be arrested and charged with a separate criminal offense. After you have been arrested and taken to jail, a judge can hold a bail hearing, that he or she will determine, through a preponderance of evidence standard, whether you violated a protective order with the intent to commit further family violence or stalking. If that is the case, the judge can order you held until trial and is not required to set bail.

A conviction for violating a protective order is a Class A misdemeanor, punishable by up to one year in a county jail and/or a fine of up to $4,000. However, if you have two or more previous convictions, it becomes a third-degree felony, carrying a possible 2 to 10 year prison sentence.

Defense Against Protective Order Violations

Violating a protective order is a serious charge because it means you have been accused of disobeying a direct order from a judge. These cases often rely mainly on victim or witness statements and in many instances, we can challenge the credibility or accuracy of their allegations, especially when divorce or child-custody issues are involved.

Also, remember that when you are charged with violating a protective order, the state must prove that you acted with criminal intent. We may be able to present evidence showing that the violation was unintentional.

Important Note: Even if you and your spouse or family member are planning to reconcile, and they invite you over, the police can and will arrest you if the protective order is still active.

Please contact the Law Office of Kevin Bennett for your free initial protective order or domestic violence consultation.