Violation of a Protective Order
If you have been falsely accused of violating the terms of your protective order, it is important to consult with an experienced family violence crimes defense lawyer in the Dallas / Fort Worth Metroplex.
False allegations of violating the terms of a protective order can result in serious repercussions and consequences if you are found guilty of the offense, including any of the following:
- An inability to own or possess a firearm;
- Ineligibility to be admitted into certain educational programs or professions;
- Inability to apply for certain jobs or occupations;
- Ineligibility to vote or hold public office;
- Result in a refusal for certain types of governmental assistance or public housing;
- A possibly permanent criminal record;
- Jail time; and/or
Remember - the state prosecutor must first prove you committed every element of violating the terms of a protective order beyond a reasonable doubt before you can be convicted of the offense. This is a very high burden of proof and can often be difficult to establish. If the judge or jury has any doubt you committed an essential element to the offense, the charges against you may be reduced or even dismissed. Therefore, it is important to contact an experienced domestic violence attorney as soon as possible to help you create the best legal defense for your particular case.
Dallas Violation of Protective Order Lawyer
Contact Stuckle & Associates PLLC for a consultation about your alleged charges in North Texas, including the areas of Fort Worth, Plano, Frisco, McKinney, Allen, Carrollton, Richardson, Garland, Irving, Grand Prairie, Mesquite, Denton, Lewisville, and Arlington.
The attorneys of Stuckle & Associates PLLC are experienced in defending protective order violations and focus exclusively on complex, emotionally-charged cases such as will make every effort to fight the allegations against you. Contact Stuckle & Associates PLLC for a free consultation today at (972) 423-4405 to discuss your violation and actions to fight for the dismissal of the order entirely.
Texas Protection Against Family Violence Order Violations
- Definitions Related to Protective Orders
- Requirements for Respondents
- Violating Terms of a Protective Order
- Penalties for Violation of a Protective Order
A protective order is commonly associated with allegations of family violence or domestic violence in Texas and can also be known as a restraining order or order of protection. A protective order is issued by the court if they have found at a hearing that family violence occurred by one family or household member against another and it is likely to happen again in the future.
According to the Texas Family Code, family violence, or domestic violence is defined as an intentional act of violence by one family or household member against another that results in bodily injury or physical harm. Family violence can also involve dating violence, which is defined as an intentional act of violence by one person in a dating relationship against another that results in physical injury or bodily harm.
The Texas Family Code defines a family or household member as any of the following:
- Individuals who are foster parents;
- Individuals who are former spouses;
- Individuals related by marriage;
- Individuals related by blood;
- Individuals who have previously resided in the same home;
- Individuals who currently reside in the same home;
- Individuals who are step-parents; and/or
- Individuals who are parents of the same child or children.
Additionally, the Texas Family Code defines a petitioner as the person who requested the protective order, and is also commonly known as the applicant, protected individual or complainant. The respondent is the person who the protective order was issued against, and is also commonly known as the alleged offender or the defendant.
If a protective order is issued against a respondent, or an alleged offender, they must follow certain terms and conditions as stated in sections 85.021 and 85.022 of the Texas Family Code.
The alleged offender, or respondent to a protective order, may be required to:
- Continue to financially support the petitioner and any other dependents.
- Temporarily give up their rights to the residence or any property jointly owned or released by the respondent and petition; or
- Temporarily relinquish their parental rights or access to their children;
The respondent may also be prevented from:
- Engaging in any act of domestic violence;
- Possessing a firearm;
- Communicating with the protected family or household member in any way, except through a lawyer;
- Harassing a protected family or household member in any way;
- Threatening the protected family or household member in any way;
- Going to the residence of a protected household or family member;
- Going to the school of a protected family or household member;
- Going to the business or place of work of a protected family or household member; and/or
- Going to a child-care facility of a protected family or household member.
As defined in section 25.07 of the Texas Penal Code, an individual may be accused of violating the terms of a protective order if they knowingly or intentionally engage in any of the following:
- Commit a sexual assault offense;
- Commit a stalking offense;
- Commit an act of family violence;
- Commit an aggravated sexual assault offense;
- Communicate in a harassing or threatening way with a household or family member protected by the protective order;
- Communicate in any way that is prohibited by the protective order with a protected household or family member;
- Go to or near a protected family or household member’s place of employment;
- Go to or near a protected family or household member’s residence;
- Go to or near a protected family or household member’s school or child care facility;
- Possess a gun or firearm; or
- Threaten a household or family member protected by the protective order.
As listed in Chapter 12 of the Texas Penal Code, an individual that has been convicted of violating the terms of their protective order can face any of the terms of imprisonment listed below.
A conviction for violating the terms of a protective order can generally result in a class A misdemeanor conviction, which is punishable by a fine up to $4,000 and/or a jail term up to one year.
If the individual charged with violating the terms of a protective order has:
- Previously been convicted of two or more protective order violations, or
- Allegedly violated the terms of a protective order by committing a stalking or assault offense,
They can be convicted of a felony of the third degree, which is punishable by a fine up to $10,000 and/or a prison term ranging from two to ten years.
Looking for the Best Attorney to Fight Protection Order Violations in Fort Worth
If you have been charged with violating the terms of a protective order in Texas, including the areas of Collin County, Dallas County, Tarrant County, Denton County, and Wise County, contact Stuckle & Associates PLLC today. Paul Stuckle is an experienced domestic crimes attorney in Dallas who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact Stuckle & Associates PLLC today for a free consultation at (972) 423-4405 or send an online message to learn how we can help.