A protective order takes effect the moment a judge signs it. Its restrictions are legally enforceable and even an unintended violation can raise serious questions. A deliberate violation can lead to arrest and criminal charges. Knowing your order’s exact terms from the start can help you avoid making things worse.
What restrictions can a protective order impose?
Texas protective orders prohibit direct contact with the protected person, including calls, texts, emails and social media messages. They may also ban messages relayed through friends or family.
Specific locations may also be off-limits, such as the protected person’s home, workplace or a child’s school. Some orders include firearm surrender requirements and federal law may add further restrictions.
Can an accidental encounter violate a protective order?
Whether an accidental encounter violates an order depends on its terms and the circumstances. If you run into the protected person, do not approach or communicate with that person and leave when it is safe. Document the time, location and circumstances.
What happens if you violate a protective order?
A protective-order violation is typically a Class A misdemeanor. A conviction may result in a jail sentence of up to one year, a maximum fine of $4,000 or both. Certain circumstances can elevate the offense to a felony. A third-degree felony may apply if the person has the required prior convictions or commits the violation through an act of family violence, assault or stalking.
Contempt proceedings may also run alongside a criminal case. An assault charge may apply if the violation involves assaultive conduct.
Can the protected person give permission to ignore the order?
Only the court can modify or dissolve a protective order. Even if the protected person initiates contact or invites communication, responding can still expose you to criminal liability.
Navigating a protective order is more complicated than it may appear. An attorney familiar with Collin County courts can review the specific terms of your order and help you move forward without making a difficult situation worse.