When you are accused of violence against another, whether this be domestic violence, assault, or stalking, the alleged victim may take out a restraining order against you. This can prohibit certain activities in the wake of the alleged violence. However, it is imperative to understand the penalties you can face should you violate the order. As such, if there is currently a protective order against you, the following blog explores common violations and the consequences you can face if convicted. Additionally, you’ll learn the importance of working with Houston criminal defense attorneys to explore your legal options in these matters.
What Is a Restraining Order and What Does It Prohibit?
In Texas, a restraining order is formally recognized as a protective order. Essentially, this is a court-ordered document granted to one party to prevent another person from contacting them. This includes making electronic communications as well as showing up at their place of work or home.
It’s important to understand that protective orders are not something the court takes lightly. As such, the person seeking the order, known formally as the petitioner, must have evidence that supports their claim that they are in danger from the person whom they are seeking protection from (referred to as the respondent).
There are different forms of protective orders that someone can seek. A general protective order typically lasts two years from the date on which it is ordered, while an ex parte order provides immediate protection until a hearing occurs, typically within 14 days. At this hearing, the judge may order a different form of restraining order.
If there is a protective order against you in Texas, you are prohibited from knowingly and intentionally doing the following:
- Contacting the alleged victim or their family in a harassing manner
- Using the assistance of another person to threaten or harass the alleged victim
- Traveling to the locations that are prohibited in the order
- Removing any GPS monitors
- Possessing a firearm near the alleged victim
- Harming or threatening an animal or pet owned by the alleged victim
What Consequences Can I Face for Violating the Order?
If there is a restraining order out against you, it’s critical to understand the consequences you can face if you are accused of violating the order. In general, this is typically a Class A misdemeanor. As such, this carries up to one year in jail and $4,000 in fines.
However, if you violate the order through stalking or assault, or you’ve violated an order twice in the past, this is elevated to a third-degree felony. As such, you can face between two and ten years in jail and up to $10,000 in fines.
The penalties for this offense can be incredibly serious, which is why it’s in your best interest to connect with an experienced attorney if you are accused of violating the terms of a protective order taken out against you. At the Gonzalez Law Group, our firm understands how challenging this can be to navigate, which is why we are here to explore all possible avenues to help you fight for the best potential outcome. When you need help, do not hesitate to contact our firm today.