Violation of Protective Order Laws In Texas
Under the Texas Penal Code Sec. 25.07 entitled “Violation of Certain Court Orders or Conditions of Bond in Family Violence Case,” the law provides in pertinent part that:
“(a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(1) commits family violence or an act in furtherance of an offense under Section 22.011, 22.021, or 42.072;
(2) communicates: (A) directly with a protected individual or a member of the family or household in a threatening or harassing manner; (B) a threat through any person to a protected individual or a member of the family or household; or (C) in any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;
(3) goes to or near any of the following places as specifically described in the order or condition of bond: (A) the residence or place of employment or business of a protected individual or a member of the family or household; or (B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;
(4) possesses a firearm; or
(5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order.”
What Is An Emergency Protective Order?
If you have been arrested for a domestic violence crime, as part of your arraignment, a magistrate judge will issue an emergency protective order (EPO) because there is an alleged victim of domestic abuse. This can take place as a result of an alleged victim requesting the EPO or the police can recommend this to the judge as part of the bonding process. If the emergency protective order is issued as a result of a domestic violence incident, the judge will set the time frame of the protective order to run from 30 - 90 days, depending upon the nature of the charge.
What Should You Do If A Detective Calls You About A Protective Order?
If you have been charged with violating a protective order and are being asked to speak with investigators about your case, do not do so without having seasoned legal counsel by your side. Anything you say can and most definitely will be used against you in court.
What if you are innocent? Shouldn’t you talk to the detective and explain your innocence to clear your name? Beware! This is a very risky proposition. In theory, it would be great if you could trust the detective to listen to and interpret your statements accurately to clear your name. Unfortunately, it does not work this way! Detectives are trained to interrogate suspects and it is highly unlikely you will be given the opportunity to explain yourself and the circumstances. Instead, you will be asked a series of interrogating questions that presuppose your guilt and you leave yourself open to your answers being interpreted by the detective as being incriminating.
What if the detective does allow you to tell your story? Even in this situation, you create the unnecessary risk that the detective will interpret your statements as confessions to the crime of violation of a protective order. So what should you do?
The moment you receive a phone call from a detective, you should call an aggressive and experienced criminal defense attorney that has a track record of obtaining favorable results for violation of protective order cases. An attorney experienced in handling Violation of protective order cases will be able to review your legal options, advise you of your rights, and help you to proceed in your case with the most solid and effective defense strategies possible.
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00:00 How To Beat A Violation Of Protective Order Charge
01:44 What Is An Emergency Protective Order?
03:01 Should You Respond To A Contact Request?
04:31 What Should You Do If A Detective Calls You About A Possible Violation Of Protective Order?
05:39 Violation Of Protective Order Laws In Texas
07:37 What's The Penalty For Violating A Protective Order?
08:40 Can You Remove/Modify A Protective Order?
09:35 Legal Defenses To A Violation Of Protective Order Charge