What if I Am Accused of Violating a Protective Order in Texas?

 Posted on March 27, 2025 in Criminal Law

Texas courts issue protective orders, commonly known as restraining orders, to protect individuals from threats or harm. While these orders are often considered a family law matter since they can be related to divorce or child custody disputes, violating a protective order is a criminal offense that can carry serious consequences. Understanding what constitutes a violation, the potential penalties, and available legal defenses is crucial for anyone facing such allegations. Speak with a qualified Texas criminal defense lawyer who also handles family law cases to learn more about this.

What Are the Penalties for Violating a Protective Order?

Protective orders typically include specific conditions that you are obligated to follow. These can be requirements to stay a certain distance away from the protected individual; prohibitions against contact through phone calls, messages, or social media; and restrictions on firearm possession. Violating these conditions can result in serious penalties. 

In many cases, a violation is classified as a Class A misdemeanor, which can be penalized with a sentence of up to one year in jail and a fine of up to $4,000. However, if you have prior violations on your record or if the circumstances of the alleged violation are particularly severe, you could be charged with a felony, leading to stricter penalties.

How Can I Defend Myself against the Accusations?

If you are accused of violating a protective order, there are key steps you should take to protect yourself. First, it is crucial to avoid contacting the protected party in any way, even if you believe you could clear up the misunderstanding by doing so, because that could just make matters worse and lead to additional accusations. You should also begin collecting evidence that supports your defense, including any phone records, text messages, or witness statements that could provide context for the alleged violation.

Additionally, take time to carefully review the terms of the protective order. Some alleged violations happen due to confusion or misinterpretation of the order's conditions. And last but certainly not least, work with a reliable lawyer who can review your case and devise a plan to get you the best outcome.

How Can a Lawyer Who Handles Criminal Defense and Family Law Help?

Hiring an attorney with experience in both criminal defense and family law can provide significant advantages in these situations. Protective orders are often linked to family law matters, such as divorce or child custody disputes. An attorney with experience in both areas can review the details of your case and evaluate whether the protective order was used improperly, such as to gain leverage in a custody dispute or to falsely accuse you. 

By combining criminal defense strategies with insights into family court proceedings, your lawyer can develop a comprehensive approach to protect your rights and work toward minimizing the potential consequences you may face.

Contact a Tarrant County, TX Criminal Defense Lawyer

If you are accused of violating a protective order, speak with a qualified Dallas, TX criminal defense attorney as soon as possible. The experienced attorney at Law Office of Michelle Poblenz can assess the details of your case, explain your options, and help you pursue the best possible outcome for your situation. Call 469-845-3031 to schedule your initial consultation today.