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Violating a Protective Order: What You Need to Know

According to Tex. Pen. Code § 25.07, a violation of a protective order against domestic violence or a bond condition related to a family violence offense can result in Class A misdemeanor charges. Violations of protective orders can include the following:

·         Directly or indirectly communicating with the alleged victim and any family or household members in a harassing or threatening manner

·         Going to places that are specifically prohibited by the protective order, such as an alleged victim’s place of employment or residence, or the school or child care facility that a protected child attends

·         Committing an act of family violence, sexual assault, aggravated sexual assault, or stalking

·         Possessing a firearm

·         Harming, threatening, or interfering with a family pet

Misdemeanor charges of violating a protective order can result in up to one year in jail and a fine of up to $4,000. You also may have to serve a term of probation and complete court-ordered substance abuse treatment and/or counseling.

Violating a Protective Order: What You Need to Know

However, you may face third degree felony charges if you have two or more previous convictions for violating a protective order or if you violate the protective order or conditions of bond in a domestic violence case by committing the criminal offense of stalking or assault. A conviction on a third degree felony can result in a prison sentence ranging from two to ten years.

In many cases, despite the existence of a protective order, the alleged victim and the subject of the protective order may attempt to reconcile. Unfortunately, even if the victim consents to or initiates the communication, you still can be charged with violating a protective order. There is no private agreement between the parties that can negate a protective order that is currently in effect.

The Peek & Toland criminal defense lawyers are here to assist you in building a strong defense against your criminal charges, no matter the circumstances. Trust us to represent your interests and advise you of the best course of action in defending your case. Set up an appointment to talk to us today and discover how we can assist you with your criminal charges.

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