When a protective order is in place, it often signals a time of tension, fear, or uncertainty. However, situations can evolve, and relationships can change. Whether it’s a miscommunication, an attempt to resolve a difficult situation, or a desire to reconnect, you might find yourself facing charges for a misdemeanor violation of a protective order, even if no harm was intended.
Regardless, the legal implications can be very serious. You don’t have to navigate them alone. At M|C Criminal Law, we understand that life doesn’t always fit neatly into legal categories. Our team is here to provide expert guidance and strong defense strategies, no matter the complexity of your case. We’re committed to protecting your rights and working towards the best possible outcome in your situation.
Contact us to explain the details and we will start working on resolving the matter.
A misdemeanor violation of a protective order occurs when someone knowingly or intentionally disobeys the terms of a court-issued protective order. These orders are designed to protect individuals from harassment, threats, or harm, typically in situations involving family violence, stalking, or sexual assault.
Under the Texas Penal Code Section 25.07, certain actions are prohibited when a protective order is in place. Violating any of these terms can lead to criminal charges, even if the protected person agrees to the contact. Some common ways a protective order may be violated include:
Violating a protective order in Texas is typically charged as a Class A misdemeanor, carrying potential penalties of up to one year in jail and a $4,000 fine. However, repeat violations or violations involving violence can escalate the charge to a felony.
If you are facing charges for a misdemeanor violation of a protective order, it’s crucial to take the matter seriously. Even a first-time offense can result in jail time, fines, and a criminal record that affects your future. At M|C Criminal Law, our defense attorneys are ready to fight for your rights and help you navigate the legal process.
Key elements of protective order violations are knowledge and intent. Thus, one potential defense is to challenge whether the violation was intentional or willful. The prosecution must prove that you knowingly broke the terms of the protective order. If you were unaware of the order’s existence or did not intentionally violate it, this could be a key argument in your defense.
For instance, it may be possible that you didn’t realize that a particular action, like reaching out through a third party, constituted a violation. In these situations, the defense may argue that there was no intentional wrongdoing, which could lead to a reduction in charges or even dismissal.
Another defense strategy involves questioning the validity or clarity of the protective order itself. Protective orders can be complex, and their terms might not always be clearly communicated. If the conditions of the order were vague or confusing, you could have unknowingly violated them. In such cases, it’s important to carefully review the details of the order to determine if there was room for misunderstanding.
In some situations, protective orders are issued in the heat of a personal conflict, such as a contentious divorce or custody battle. Unfortunately, false or exaggerated allegations can lead to the issuance of an order that might not reflect the full truth of the situation. If you believe the protective order was obtained unfairly or based on false accusations, we can investigate the circumstances leading to the order and work to show that the charges are unfounded.
Lastly, if the alleged violation didn’t actually occur, we can argue that the evidence simply isn’t sufficient to support the charges. Whether it’s a lack of physical evidence, unreliable witness testimony, or other gaps in the prosecution’s case, we’ll examine every angle to determine if the charges should be dropped.
However, we must stress again that misdemeanor violations of a protective order can happen even if the person whom the order should protect would like to continue contact. This situation is not uncommon, as protective orders are often issued due to strained family relations and when the situation normalizes, the parties attempt to reconcile.
The willingness of both parties to continue contact does not affect the validity of a protective order that is in place. If you are in such a situation, do not contact the other party. You must first submit a motion to modify the protective order; only after the protective order is modified should you continue the relationship.
At M|C Criminal Law, we have a team of attorneys who are experienced in violations of protective orders in Texas. We worked for the Public Prosecutor’s Office before we became criminal defense attorneys, so we know the inner workings of the judicial system and how the prosecution builds their case.
We will explore all possible defenses in order to protect your rights and help you achieve the best possible outcome in your case. We understand how important it is to defend your freedom, and we’ll fight to ensure that you get the fair treatment you deserve. Do not attempt to resolve the situation by yourself. Contact us for a confidential consultation and let us start working on a defense strategy.
