Violating a Protective Order: Legal Consequences

A Beginner’s Guide to Understanding What Happens If You Violate a Protective Order in Texas

Being served with a protective order in a Texas assault or family violence case can feel overwhelming. But what happens if you make contact by mistake? What if the protected person contacts you first — and you respond? What if you go home without realizing you’re violating the order?

Many people don’t realize that violating a protective order in Texas is a separate crime — and it can result in a new arrest, jail time, and even felony charges, regardless of whether the original assault case is ever proven.

In this guide, we’ll explain what counts as a violation, how these charges are prosecuted, and how a skilled criminal defense attorney near you can help you fight back if you’ve been accused of violating a protective order.

What Counts as a Violation of a Protective Order?

Under Texas Penal Code § 25.07, you may be charged with Violation of a Protective Order if you:

• Communicate directly or indirectly with the protected person
• Go near their home, workplace, school, or daycare
• Attempt to harass, threaten, or intimidate the protected party
• Attempt to possess a firearm in violation of the order
• Refuse to vacate a shared residence
• Contact the protected person through third parties or social media
• Violate any custom terms or special restrictions imposed by the court

Even unintentional or brief contact can result in an arrest — and you cannot use the protected person’s consent as a legal defense.

See: How to Challenge a Protective Order in Texas Court

What Happens After a Violation?

If law enforcement believes you’ve violated the terms of the order, you may be:

• Arrested immediately without a warrant
• Charged with a new criminal offense
• Held without bond if considered a danger or repeat violator
• Ordered to appear for a protective order violation hearing
• Exposed to enhanced penalties on your original assault case

The court may also consider the violation when determining your:

• Eligibility for bail or pretrial release
• Custody and visitation rights
• Deferred adjudication or probation eligibility

See: How Protective Orders Impact Child Custody and Visitation

What Are the Criminal Penalties?

Violating a protective order is not a civil contempt issue — it’s a criminal charge with serious consequences. Penalties depend on the type and severity of the violation.

First-Time Violation – Class A Misdemeanor

• Up to 1 year in jail
• Up to $4,000 fine

Violation Involving Violence or Stalking – Third-Degree Felony

• 2 to 10 years in prison
• Up to $10,000 fine

Repeat Violations or Prior Convictions

• Prosecutors may enhance charges to felony level
• Judges may impose consecutive jail time, GPS monitoring, or supervised release

A single mistake can spiral into multiple charges and long-term legal exposure, which is why you need an attorney near you at the earliest sign of trouble.

What If the Protected Person Initiated Contact?

Texas law is clear: you are the one legally obligated to follow the order, even if the protected party initiates or invites contact.

This means:

• You can be arrested even if the other person called or texted you first
• You must not respond, even to messages, visits, or invitations
• The only way to modify or remove the order is through the court

Your lawyer near you can file a motion to modify or rescind the order, but until that happens, you must stay in full compliance.

See: Emergency Protective Orders After an Assault Arrest

What Should You Do If You’re Accused of Violating a Protective Order?

If you’ve been arrested or accused of violating a protective order:

1. Do not contact the protected person again
2. Hire a criminal defense attorney near you immediately
3. Prepare evidence showing that no violation occurred, or that the violation was unintentional
4. Request a hearing to contest the violation charge
5. Avoid discussing the case with anyone other than your lawyer

Your attorney may argue that:

• The violation was accidental or misunderstood
• The order’s terms were vague or unclear
• The protected person manipulated the order
• The State lacks evidence of a willful violation

Can You Go to Jail for a First-Time Violation?

Yes. Texas courts frequently impose jail time even for first-time violations, especially in family violence cases. Judges view compliance with protective orders as a public safety issue, and prosecutors often pursue these charges aggressively.

See: Violating a Protective Order: Legal Consequences

Can Violations Affect Your Original Assault Case?

Absolutely. A violation can:

• Be used as evidence of ongoing dangerous behavior
• Undermine your defense strategy in the original assault case
• Affect plea negotiations or sentencing recommendations
• Result in revocation of bail, probation, or deferred adjudication

See: Can Probation Be Part of Your Defense Strategy?

Can You Clear a Protective Order Violation From Your Record?

Maybe. In some cases, if the violation was dismissed or you were found not guilty, your attorney near you may be able to pursue:

• Expunction (in limited circumstances)
• Nondisclosure (record sealing) if part of a deferred adjudication agreement

But the best defense is a proactive legal strategy before a violation ever occurs.

Final Thoughts: Compliance Is Mandatory — But So Is Legal Representation

Violating a protective order in Texas is more than just a technicality — it’s a new criminal charge with serious consequences. Even minor or unintended violations can land you in jail and complicate your entire defense.

The best way to protect yourself is to know your obligations, follow them strictly, and work with an experienced criminal defense attorney near you who can defend you against unfair allegations, file motions to modify the order, and keep your record clean.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you who can protect your rights and your record in protective order violation cases.

‍