If you are being accused of violating a protective order in Texas, even by doing something as seemingly harmless as sending a message or making a phone call, you could be facing jail or prison time, in addition to high fines. Prosecutors and courts take the violation of a protective order very seriously and will often punish alleged perpetrators to the full extent of the law.
When you are facing these charges, your future and freedom are at stake. You need experienced criminal defense lawyers who understand the complexities of these cases and the severe consequences that can follow a conviction. At M|C Criminal Law, we have extensive knowledge of the intricacies of Texas law and a commitment to protecting your rights.
Our attorneys will work diligently to build a strong defense on your behalf. Whether you’ve been accused of a misunderstanding or a serious breach, our team is prepared to fight for the best possible outcome in your case. Contact us to explain the details so that we start preparing a defense.
After a divorce or child custody dispute, it is not uncommon for people to try to contact the party who asked for the protective order in an attempt to keep the family together. Social media posts that may not have been intended as direct communication with a protected party can also be construed as violations of a protective order. There are many other instances where misunderstandings and even false claims can lead to accusations of violations. However, even if they may seem minor, these actions are classified as a class A misdemeanor. If convicted, you could be facing up to a year in state jail and a fine of up to $4,000. Trying to explain the situation to the police on your own will not help you. Let us do it for you.
A violation of a protective order can be enhanced to a third-degree felony if the accused person has repeatedly violated a protective order, has had two or more convictions for violations, or if the order was violated by stalking or assault. A felony conviction of a protective order is a third-degree felony, which is punished by two to 10 years in prison and a fine of up to $10,000. A charge of a felony violation of a protective order is even more serious than a misdemeanor one, so the advice above is even more important – do not try to fight the charges on your own. We have experienced criminal defense lawyers who will do it for you.
A common misconception about protective orders is that they are irreversible – this is not true. Protective orders are made according to the specific circumstances of a case, and may even be based on false claims or misunderstandings. However, when an order is in place, only a judge may modify it. If the circumstances change or new evidence is brought forth, you can file a motion to modify a protective order and attempt to convince the judge to change it. These changes can range from changing the duration of a protective order to excluding something that is in it. This is a court process where everything needs to be done correctly and the evidence must be strong – we know how to motion for a modification of a protective order to increase the chances of success.
At M|C Criminal Law, we worked as high-ranking officials at the Public Prosecutor’s Office in Dallas before we became criminal defense lawyers. We know how the police, prosecutors, and judges think and operate. Our knowledge of Texas’ legal system, combined with our understanding of the internal functioning of public officials allows us to craft and apply the best possible defense strategies. We will utilize all of these resources to defend you if you are accused of violating a protective order in Texas.
If you are served with a protective order, your first impulse may be to try to resolve the situation on your own. Do not attempt to do this. You should not:
The order can be contested through lawful channels. You will have a chance to tell your side of the story. Contact us today to tell us about your situation and we will advise you on the best course of action going forward.
Kendall is an extraordinary attorney with great legal knowledge, experience, common sense and judgement. The quality of Kendall’s character is equally outstanding. He deeply cares about his clients and doing the very best for them. Kendall was an invaluable counsel and resource in in our difficult domestic child abuse case. I am honored to know
Messina Madson is the greatest!! She not only knows the law in and out, but truly cares for her clients. Messina was up front and honest about everything happening throughout my case. I spoke to Messina for the first time while I was in jail and thought I had zero chance of getting out on
My loved one had a very serious charge, and I wanted to do everything I could to make sure he got the best outcome possible. After almost a year, the plea deal stayed the same, and I was frustrated. Also getting his bond reduced was denied over and over. Someone I work with told me
When I first learned I needed a defense lawyer for some very serious charges I was lost and scared, and feared the worst. I saw my life spinning out of control with the possibility of losing everything and even jail. I had never needed a lawyer and didn’t know who to turn to. Kendall Castello
Although they are sometimes used interchangeably, a protective order and a restraining order are not the same in Texas. A protective order is linked to criminal cases and is a legal tool used to protect victims of violence, with violations leading to criminal charges. It typically restricts the offender from contacting or coming near the victim. A restraining order is broader, often used in civil disputes like divorces. It is used to prevent one party from taking certain actions, like selling property or harassing the other party. They’re distinct in purpose and enforcement.
A general protective order typically lasts up to two years. However, the duration can vary based on the circumstances of the case. In some situations, the court may issue a protective order for a longer period, even making it permanent. Temporary protective orders, often called ex parte protective orders, can issued before a full hearing and usually last up to two weeks but can be extended to 20 days.
