If you have been arrested for violating order of protection, then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a violent crime.
If you have been arrested for family violence assault, child abuse, sexual assault, or stalking, then you are likely the subject of an order of protection. To be convicted the DA must prove that you engaged in threatening or harassing communication with the protected individual; or that you went to the home or place of employment of the protected individual. While you are the subject of a court order of protection you cannot purchase or possess firearms.
Violating order of protection is a class A misdemeanor which means if convicted you can get up to a year in the county jail and up to a $4,000.00 fine. If you have two violating order of protection in twelve-months, then you can be convicted of a third-degree felony which is punishable by a minimum of two years and up to a maximum of ten years in the Texas Department of Corrections and up to a $10,000.00.
(a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person’s spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant’s office or employment; (B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or (D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and (C) in discharging the firearm, causes serious bodily injury to any person. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant or status as a security officer. (d) In this section, “security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.