What Happens If You Violate a Protective Order in Texas?
If you’ve been accused of violating a protective order in Texas, you’re facing serious legal consequences that could change your life. A protective order violation is a criminal offense that can result in jail time, hefty fines, and a permanent criminal record.
The moment you’re charged with this violation, the clock starts ticking. Prosecutors move quickly, and they have the full weight of the law behind them. Your response in the coming days and weeks will determine whether you face minimum penalties or the harshest punishment Texas law allows.
At Roger G. Jain & Associates, P.C., our experienced Houston criminal defense attorneys can help. For decades, we’ve helped Houston individuals move through criminal proceedings with ease. We’ll safeguard your future and your rights, and we’ll be here when you need us most. Call us at (713) 981-0600.
Texas Takes Protective Order Violations Seriously
Texas courts issue protective orders to keep victims safe from harassment, abuse, or threats. When someone violates these orders, law enforcement and prosecutors respond swiftly. The state doesn’t need to prove you intended to violate the order. Simply doing something the order prohibits is enough for criminal charges.
Police officers are trained to arrest first and ask questions later when it comes to violations of protective orders. They don’t investigate whether your contact was innocent or accidental. If the protected person calls and says you violated the order, you’re likely going to jail that same day.
The Texas legal system treats these violations as automatic crimes. Unlike other offenses where intent matters, protective order violations focus solely on your actions. This strict approach means even misunderstandings can lead to serious criminal charges.
What Counts as a Violation?
A protective order violation occurs when you knowingly or intentionally commit an act prohibited by the court order. The keyword here is “knowingly”, but Texas courts interpret this very broadly. If you received proper notice of the order, the law assumes you know what it says.
Direct contact violations are the most common type prosecutors see. Common examples include:
- Phone calls, texts, emails, or social media interactions
- Liking someone’s Facebook post or sending a single emoji
- Third-party contact through friends or family members
- Sending gifts, letters, or having items delivered
Physical proximity violations happen when you go anywhere the order prohibits. This typically includes their home, workplace, school, or other locations specifically mentioned in the order. Following someone in public places or even coincidentally showing up at the same restaurant can be considered a violation if the order prohibits contact.
The order doesn’t care about your intentions. If the document prohibits contact and you make contact, you’ve committed a crime. This harsh reality catches many people off guard, especially when they believe their actions were innocent or justified.
The Legal Process: What to Expect
Arrest and immediate consequences happen fast. Police often arrest without investigating the circumstances, relying solely on the protected person’s complaint. You’ll be booked into jail, and bail amounts for protective order violations tend to be higher than for other misdemeanors due to public safety concerns.
Your first court appearance occurs within 24-48 hours of arrest. The judge will read the charges, explain your rights, and set conditions for your release. This is also when you’ll learn if you qualify for court-appointed counsel or need to hire private representation.
The pre-trial phase determines your case outcome in most situations. Your attorney will review all evidence, including police reports, digital communications, and witness statements. This period involves crucial decisions about whether to engage in plea negotiations or proceed to trial.
How Prosecutors Build Their Cases
Modern prosecutors rely heavily on digital evidence to prove violations of protective orders. Phone records show attempted contact with precise timestamps, while social media activity provides detailed proof of prohibited communication. Even deleted content can be recovered through forensic examination of devices.
Physical evidence plays a major role when violations involve gifts, letters, or in-person contact. Security camera footage from the protected person’s home or workplace often provides compelling evidence of violations. Traffic cameras can place your vehicle in prohibited locations with date and time stamps.
In most protective order violation cases, the protected person’s testimony becomes the main focus of the prosecution’s argument. Prosecutors will present detailed stories about the fear and distress caused by the alleged violations, and they use medical records, photos of injuries, and proof of damaged property to make their case much stronger.
The prosecution builds their case by showing not just that contact happened, but that it caused real harm to the protected person. They might use text messages, emails, medical records, or witness statements to prove their point. Photos and documentation provide clear evidence that’s hard to argue against.
Immediate Steps to Protect Yourself
Document everything about your daily activities starting immediately. This includes GPS data from your phone showing your locations, credit card receipts with timestamps, and work records or timecards.
Follow the protective order completely, even if you think it’s unfair or based on wrong information. You must block all ways of contacting the protected person and change your daily activities to stay away from places you’re not allowed to go.
This means:
- Don’t call, text, email, or message them on social media
- Don’t ask friends or family to contact them for you
- Stay away from their home, school, work, or other places mentioned in the order
- If you normally go somewhere that’s now off-limits, find a different route or place
Breaking a protective order is a serious crime that can lead to arrest, jail time, and other consequences. Even if you think the order is wrong, you still have to follow it. If you want to challenge the order, you need to work with a lawyer through the proper legal process.
The most important thing is to follow all the rules in the protective order exactly as they’re written, no matter how you feel about them.
The most important step is hiring an experienced Texas criminal defense lawyer immediately. Evidence preservation becomes critical in the first days after charges, and witness memories fade quickly without prompt investigation. Plea negotiations often happen early in the process, making immediate legal counsel essential.
Contacting a Texas Criminal Defense Attorney Is Essential
Protective order violation cases are complex. Prosecutors have investigators, people who examine evidence, and lots of resources to build strong cases against people.
If you are accused of breaking a protective order, you’re facing serious charges that could result in jail time, fines, and other penalties. The legal system can be confusing, especially for someone going through it for the first time. That’s why it’s important to get help from a lawyer who understands these types of cases and can protect your rights.
You need an attorney who understands Texas protective order laws, knows how to challenge digital evidence, and has proven success defending these charges.
The consequences are too severe and the law too complex to handle alone. Your freedom, career, and future relationships depend on having strong legal representation from the moment charges are filed.
Contact Roger G. Jain & Associates, P.C. today at (713) 981-0600 for a consultation. Our Houston office at 9301 Southwest Freeway, Suite 250, is ready to review your case and fight for your rights. We understand the stakes and know how to build winning defenses against protective order violation charges. Don’t let these charges derail your future – call now to start protecting yourself.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.