At the Fulgham Law Firm, P.C., our seasoned violating a protective order defense attorney understand just how devastating criminal charges can be, especially when they involve a claim of violating a protective order. In Texas, a conviction for failing to adhere to the terms of a valid protective order can result in numerous penalties, including jail time and harsh monetary fines. That is why it is critical to hire an attorney who is experienced in handling these types of cases, as early intervention can mean the difference between long term imprisonment and freedom.
It isn’t uncommon for parties to try and reconcile their differences after a protective order has been issued. However, what they sometimes fail to realize that even good intentions can result in a criminal conviction. In other words, any private agreement between people to resume their relationship does not affect the validity of an existing protective order. This means that there cannot be any communications between the protected party and the wrongdoer while the protective order is in place. The defendant is also prohibited from visiting the victim’s home or place of business, or any other location identified in the order. For a victim to resume contact with the defendant, both parties must return back to court and request that a judge either modify or terminate the order.
Keep in mind that without having the order either modified or terminated, you could be charged with a class A misdemeanor; repeated violations have greater legal consequences, including a felony conviction. Not only can this land you in jail, it could also damage your personal and professional reputations, potentially making it difficult for you to obtain gainful employment or suitable housing.
If you have been charged with violating a protective order and are being asked to speak with investigators about your case, do not do so without having seasoned legal counsel by your side. Anything you say can and most definitely will be used against you in court. An attorney experienced in handling Violation of protective order cases will be able to review your legal options, advise you of your rights, and help you to proceed in your case with the most solid and effective defense strategies possible. Don’t sacrifice your rights – contact the Fulgham Law Firm, P.C. today to learn more about how we can help you.
Violation of Protective Order
Under the Texas Penal Code Sec. 25.07 entitled “Violation of Certain Court Orders or Conditions of Bond in Family Violence Case,” the law provides in pertinent part that:
“(a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(1) commits family violence or an act in furtherance of an offense under Section 22.011, 22.021, or 42.072;
(2) communicates: (A) directly with a protected individual or a member of the family or household in a threatening or harassing manner; (B) a threat through any person to a protected individual or a member of the family or household; or (C) in any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;
(3) goes to or near any of the following places as specifically described in the order or condition of bond: (A) the residence or place of employment or business of a protected individual or a member of the family or household; or (B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;
(4) possesses a firearm; or
(5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order.”
There are several defenses that can be raised on behalf of a person charged with violating a protective order in Texas. To learn more about how you can challenge your criminal charges, contact our seasoned criminal defense lawyer today. We have the knowledge, skill and experience necessary to help fight for your rights and potentially have your charges reduced or even dropped. While we cannot guarantee a certain outcome in your case, we will take all measures legally possible to maximize your chances of receiving a favorable outcome.