If you’ve been charged with a protective order violation in Dallas, you’re facing a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine. In some cases, it can be elevated to a third-degree felony with 2 to 10 years in prison. Understanding what you’re up against and acting quickly with an experienced attorney can make all the difference in your case.
Texas uses protective orders to shield victims of family violence and others in harm’s way from further abuse or contact. Violating one of these orders is a separate criminal offense that carries serious consequences beyond the underlying case. This article explains the three types of protective orders in Texas, what happens if you violate one, and what defenses may be available.
What Is a Protective Order Violation in Texas?
A protective order violation occurs when someone disobeys the terms of a court-issued order designed to protect another person. Under Texas Penal Code § 25.07, this is typically charged as a Class A misdemeanor. Common violations include contacting the protected person by phone, text, email, or social media, going near their home or workplace, or possessing a firearm when the order prohibits it.
The order itself usually prohibits all communication and contact between the respondent (the person the order is against) and the applicant (the person seeking protection). This includes direct contact, contact through third parties, and any form of social media interaction.
What Is the Difference Between a Protective Order and a Restraining Order?
Many people confuse protective orders with restraining orders, but they are different legal tools. A protective order is a criminal matter issued because family violence or another qualifying offense has been alleged. Violating it results in criminal charges. A restraining order is a civil matter used in lawsuits like divorce or custody disputes. Violating a restraining order can result in contempt of court but not separate criminal charges.
What Are the Penalties for Violating a Protective Order in Dallas?
The penalties for a protective order violation depend on your criminal history and the nature of the alleged violation.
Class A Misdemeanor (First Offense): Up to 1 year in jail and a maximum fine of $4,000.
Third-Degree Felony: 2 to 10 years in prison and up to a $10,000 fine. Your case can be elevated to a felony if:
- You have two or more prior convictions for violating a protective order
- You allegedly violated the order by committing assault or stalking
- You allegedly violated an active protective order twice within the past year
Even violating a temporary ex parte protective order, while it may not always result in separate criminal charges, can still lead to contempt of court findings with fines and jail time.
What Is Family Violence Under Texas Law?
Because most protective orders stem from allegations of family violence, understanding this legal term is essential. Under Texas law, family violence occurs when a member of a family or household commits an act against another family or household member intending to cause physical harm, assault, sexual assault, or bodily injury. It also includes threats that cause a reasonable fear of immediate harm.
Family or household members include people related by blood or marriage, current or former spouses, people who share a child, and anyone who has lived together in the same dwelling, whether related or not.
What Are the Three Types of Protective Orders in Texas?
Texas law provides three types of protective orders, each with different requirements, durations, and consequences for violations.
What Is an Emergency Protective Order (EPO)?
An Emergency Protective Order, also called a magistrate’s order of emergency protection, is the most common protective order in criminal cases. Under Texas Code of Criminal Procedure Art. 17.292, a magistrate judge can only issue an EPO after someone is arrested for family violence, human trafficking, sexual or indecent assault, aggravated assault, or stalking.
An EPO can be issued without a hearing. The applicant, their guardian, a police officer, or a prosecutor can request one. The order typically prohibits threatening or harassing communication, travel near the applicant’s residence or workplace, and firearm possession. To prevent all contact, the court must find good cause.
A magistrate must issue an EPO when police arrest someone for a family violence offense involving serious bodily injury or a deadly weapon.
Duration: Most EPOs last 31 to 61 days. If a deadly weapon was used or exhibited, the order can last up to 91 days.
Key point: The EPO only restricts the respondent. The applicant can contact the respondent freely. But if the respondent replies, even to a message initiated by the applicant, the respondent can be charged with a violation.
What Is a Temporary Ex Parte Protective Order (TPO)?
A Temporary Ex Parte Protective Order protects a family member, household member, or dating partner when there is a clear and present danger of family violence. Under Texas Family Code § 83.001, a judge can also issue a TPO when there is an immediate danger of abuse or neglect to a child (Tex. Fam. Code § 261.503).
Unlike an EPO, no arrest is required before a TPO can be issued. Any adult household member, a person in a dating relationship, any adult seeking to protect a child, an attorney, or the Texas Department of Family and Protective Services can apply.
A court can issue a TPO without a hearing if it finds clear and present danger. The order can require the respondent to do or not do specific things, including leaving the shared home (Tex. Fam. Code § 83.006).
Duration: A TPO lasts 20 days and can be extended for another 20 days.
The respondent can file a motion to dismiss the TPO at any time. The court must schedule a hearing as soon as possible to address it.
What Is a Final Protective Order?
A final protective order provides long-term protection and comes in two forms under Texas law: one under the Family Code and one under the Code of Criminal Procedure.
Family Code Final Protective Orders
Under Texas Family Code § 85.001, a court will issue a final protective order if it finds that family violence has occurred and is likely to occur again. A hearing is required, typically within 14 days of the application.
A judge can also issue a final protective order if the respondent violated a protective order already in place (Tex. Fam. Code § 85.002).
Duration: Most final protective orders last up to two years. However, they can extend for the respondent’s lifetime if:
- The respondent committed a felony involving family violence against the protected person or their family or household
- The respondent caused serious bodily injury to the applicant or their family or household
- The applicant has obtained two or more prior protective orders against the same respondent
If no duration is stated, the order expires on the second anniversary of the issue date (Tex. Fam. Code § 85.025(a-1)). After the first anniversary, the respondent can file a motion asking the court to review whether the order is still needed.
Code of Criminal Procedure Final Protective Orders
These orders function similarly but do not require a relationship between the applicant and respondent. Under Texas Code of Criminal Procedure Article 7B.001(a), a judge must find reasonable grounds that the applicant is a victim of stalking, human trafficking, or sexual assault.
Duration: These orders can also last up to the respondent’s lifetime. If no duration is stated, they expire within two years (Tex. Code of Crim. Proc. Art. 7B.007(a)).
What Happens if You Have a Family Violence Finding on Your Record?
A conviction for violating a protective order almost always comes with a family violence finding. This has serious long-term consequences. Under federal law (18 U.S.C. § 922(g)(9)), you could permanently lose your right to possess a firearm. Any future criminal charge involving family violence will carry enhanced penalties under Texas law.
How Are Bond Conditions Different From Protective Orders?
If you have a pending criminal case and posted bond, you likely received bond conditions when released. These are separate from any protective order. A protective order might only prohibit threatening or harassing contact, while your bond conditions could prohibit all contact with the alleged victim. You must follow both. Violating either can result in arrest and additional charges.
Frequently Asked Questions About Protective Order Violations in Dallas
Can I be arrested for responding to a text from the protected person?
Yes. The protective order only restricts the respondent. Even if the protected person initiates contact, responding can result in your arrest for a violation.
What if the protected person wants to drop the protective order?
The protected person cannot simply drop a protective order. Only the court can modify or dismiss it. The respondent can file a motion requesting the court review the order, but this typically cannot happen until after the first anniversary of a final protective order.
Can I possess a firearm while under a protective order?
Most protective orders prohibit firearm possession. Violating this prohibition is a separate offense. If you have a family violence finding, federal law also prohibits you from possessing firearms.
What should I do if I’m falsely accused of violating a protective order?
Contact a criminal defense attorney immediately. Do not attempt to contact the protected person to explain or resolve the situation. Gather any evidence that supports your defense, such as location data, surveillance footage, or witness statements.
How can a Dallas criminal defense attorney help with my case?
An experienced attorney can challenge the evidence against you, investigate whether proper procedures were followed, negotiate with prosecutors for reduced charges or dismissal, and represent you at trial if necessary. Given the serious consequences of a conviction, legal representation is critical.
Talk to a Dallas Protective Order Violation Attorney Today
A protective order violation charge can upend your life. You could face jail time, heavy fines, and a permanent criminal record that affects your job, housing, and gun rights. You need an attorney who understands Dallas courts and knows how to fight these charges effectively.
Varghese Summersett’s criminal defense team includes more than 70 legal professionals with over 100 years of combined experience. Many of our Dallas criminal defense attorneys are former prosecutors who understand both sides of the courtroom. We’ve handled thousands of protective order cases across North Texas and know what it takes to get results.
We treat every client as a person, not a case number. We listen to your story, keep you informed at every stage, and answer your questions promptly. Our goal is to protect your rights and your future.
If you or someone you know has been accused of a protective order violation in Dallas, don’t wait. Call 214-903-4000 today for a free consultation with an experienced Dallas protective order violation attorney.
