Houston Violation of a Protective Order Lawyer
Whether you agree with the protective order or not, when a court order is in place, you are expected to abide by it. Failure to remain in compliance with a protective order could come with serious criminal penalties. However, there are many situations in which you may be accused of violating a protective order despite your intent to avoid the subject of the protective order. The risks that come with a violation could have a profound impact on your life.
Get help clearing your name and maintaining your reputation with the court when you turn to a reputable Houston violation of a protective order lawyer from the Law Office of David A. Breston. Our team is available 24/7 to help you prearrange bail, understand the severity of the charges against you, and analyze the best approach to your defense strategy. Schedule your confidential consultation with a Houston criminal defense lawyer at our firm to safeguard your future.
What is a Protective Order?
As described under Tex. Pen. Code § 25.07, a protective order is issued by the court and can order one individual to stay away from the other or prohibit them from committing any act of violence against them. With a protective order in place, you could be banned from returning home and ordered to cease all communication attempts with the subject of the protective order. This includes:
- Phone calls
- Text messages
- Direct messages
- Emails
- Other forms of communication
Violations Under Texas Penal Code Section 25.07
Per Texas Penal Code § 25.07, if you violate an order of protection, you could be charged criminally. Typically, violations will be charged as a class A misdemeanor. This is punishable by fines of up to $4,000 and as much as one year in jail.
It should be noted that if you have previously violated a protective order or are found in violation of the bond conditions in certain types of cases, your charges could be elevated to a felony. Generally, these charges would be considered a third-degree felony. If convicted, you could pay up to $10,000 in fines and spend up to 10 years incarcerated in a Texas state prison.
Types of Protective Order Violations
Under Texas Penal Code Chapter 2. Burden of Proof, the prosecutor will need to prove guilt beyond a reasonable doubt for the jury to return a conviction. Therefore, they must show that you committed one or more of the following acts, thereby violating the existing protective order:
- Threatening the family member through someone else
- Committing an act of family violence
- Threatening or harassing the protected family member
- Being in possession of a firearm
- Attempting to communicate with the alleged victim
- Showing up at a location that the alleged victim regularly attends, such as school, work, or home
Get Help From a Reputable Violation of a Protective Order Lawyer in Houston Today
If you are accused of violating an order of protection, you need to take action to defend yourself. You could be looking at additional jail time, fines, and other penalties that could impact your ability to raise your children or spend time with your family. Work with a top-rated Houston violation of a protective order attorney from the Law Office of David A. Breston to avoid harsh criminal consequences. Complete our quick contact form or call our office to schedule your defense strategy session as soon as today.