When you have been arrested for violating an order of protection or a restraining order then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a violent crime.
Can I be charged with violating a restraining order?
If you have been arrested for family violence assault, child abuse, sexual assault, or stalking, then you are likely the subject of a court 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.
How much time can I get for violating a restraining order?
Violation of a court 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 previous convictions for violating a court order of protection, 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.
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE. (a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally: (1) commits family violence or an act in furtherance of an offense under Section 20A.02, 22.011, 22.021, or 42.072; (2) communicates: (A) directly with a protected individual or a member of the family or household in a threatening or harassing manner; (B) a threat through any person to a protected individual or a member of the family or household; or (C) in any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household; (3) goes to or near any of the following places as specifically described in the order or condition of bond: (A) the residence or place of employment or business of a protected individual or a member of the family or household; or (B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends; (4) possesses a firearm; (5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order or condition of bond; or (6) removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system. …(g) An offense under this section is a Class A misdemeanor, except the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant: (1) has previously been convicted two or more times of an offense under this section or two or more times of an offense under Section 25.072, or has previously been convicted of an offense under this section and an offense under Section 25.072; or (2) has violated the order or condition of bond by committing an assault or the offense of stalking.
