Violation of Protective Order
A variety of protective orders, whether requested by the victim or sought by the state, can be instituted to resolve domestic violence disputes. The length and range of restrictions in the protective order vary by case. If you have been charged with a violation of a protective order, penalties can include jail time and a costly fine.
As the Respondent on a protective order, a number of substantial restrictions are put on your freedom. Any action not in line with these restrictions can bring about violation of protective order charges.
Austin Lawyer Defending Against Violation of Protective Order
If you are charged with violation of protective order in Travis County, including Austin, Lakeway, Rollingwood, Sunset Valley and Lago Vista, set up a free consultation with Kevin Bennett today. The Law Office of Kevin Bennett represents domestic violence and protective order defendants by committing time, attention, and a great deal of experience.
Call The Law Office of Kevin Bennett at (512) 476-4626 for a consultation with an experienced Austin domestic violence attorney. The sooner you call, the sooner you know your case is in the right hands.
Information on Violating a Protective Order in Texas
- Texas Penal Code and Violations of Protective Orders
- Penalties for Violation of Protective Order
- Hire an Experienced Lawyer for Violation of Protective Order
Texas Penal Code § 25.07 details the ways in which an Emergency Protective Order (EPO), Magistrate’s Emergency Protective Order (MEPO), or a traditional protective order will be considered violated, including:
- Committing an act of family violence
- Any form of communication with the protected individual except through that individual’s legal representative
- Communication that is harassing to a family member
- Any form of communication through another individual that is interpreted as threatening
- Visiting a place that is specifically off-limits in the protective order such as a residence, place of employment, or business of the protected individual
- Visiting a school, residence, or child care facility at which a protected child normally resides or attends
- Possessing a firearm
The code explicitly notes that, whether or not the victim wants to reconcile and communicate with you, the protective order will be violated if communication or physical interaction takes place. It is imperative, if you and/or the victim seek reconciliation, to rely on your and the protected individual’s attorneys to act as the conduits for communication.
Under Texas Penal Code § 25.07, a violation of a protective order is a Class A misdemeanor with a punishment of up to one year in prison, a fine of up to $4,000, or both fine and imprisonment.
If the offense in question is an assault or stalking, or the defendant has previously been convicted of violating a protective order two or more times, the penalty increases to a third degree felony. Felony convictions are extremely serious with a minimum of two years in prison and a maximum of ten. A fine of up to $10,000 may also be required.
Austin-based attorney Kevin Bennett can assist you with violation of protective order cases as well as any subsequent charges that have attended a domestic violence dispute.
The Law Office of Kevin Bennett understands that each case has a complex and real set of people involved. Call (512) 476-4626 for your free consultation today to review the circumstances and plan for your strongest defense.