Violation of a Protection Order
A protection order, whether requested by the victim or sought by the State of Texas, can be requested to resolve domestic violence disputes. Unfortunately, violating a protection order in Texas can result in expensive fines and time spent behind bars. Although the crime is categorized as a class A misdemeanor, its penalties are far from light.
Since domestic violence crimes are prosecuted harshly by Texas judges, it is best to retain an Austin-based defense attorney that can assist you. If you have been arrested for violating a protection order, allow The Law Office of Jackson F. Gorski to review your circumstances and plan for your strongest defense.
Travis County Violation of a Protection Order Lawyer, TX
If you have been arrested in Texas for an alleged violation of any kind of restraining order, prison time and heavy fines can be the result of a conviction. This is why it is in your best interest to immediately retain legal counsel. To have a skilled criminal defense lawyer fight for your rights, contact The Law Office of Jackson F. Gorski.
Austin criminal defense lawyer Jackson F. Gorski can expose every false accusation and every exaggerated claim in the case against you. Allow him to challenge the evidence and seek to have your charges reduced or dismissed. Call 512-960-4646 to secure a free, confidential consultation today.
The Law Office of Jackson F. Gorski represents those accused of violating protection orders across Travis County, TX, and nearby communities such as Blanco County, Travis County, Williamson County, Bell County, Hays County, Caldwell County, Bastrop County, and Milam County.
- Violation of a Protection Order in TX
- Penalties for Violation of a Protection Order in Texas
- Alternative Sentencing for Violating a Protection Order
- Defenses for Violation of Protection Order
- Additional Resources
Violation of a Protection Order in TX
Judges grant protective orders when someone accuses an individual of continuous family violence, domestic assault, or stalking. The prosecutor can charge the individual with a violation even if the alleged victim messaged the individual first or asked them to come over to reconcile. In particular, Texas Penal states in section 85.026(2) that not even the benefiter of the order can grant anyone permission to violate or ignore the stipulations of the order. According to Code §25.07, the individual commits the crime of violating the protective order if the individual knowingly or intentionally:
- Commits family violence
- Communicates with the order’s protected party or a member of the protected party’s household
- Goes near the locations prohibited in the order
- Possesses a firearm
- Harms, threatens, or interferes with the care of custody of the protected party’s pet or assistance animal, or
- Removes, attempts to remove, or tampers with their ankle monitor
Penalties for Violation of a Protection Order in Texas
Violating a protective order is a Class A misdemeanor. A judge may sentence the individual to up to one year in state jail and order them to pay a fine of up to $4,000. Yet, this misdemeanor can escalate into a 3rd-degree felony if the individual has violated protective order before. Two or more prior convictions will result in this misdemeanor becoming a felony. In that case, the judge can sentence the individual from the mandatory minimum of two years to a maximum of ten years. The individual serves this felony conviction in state prison.
If the individual’s violation resulted in family violence, the police might file a separate misdemeanor or felony charge. The judge may sentence the individual to two years for a felony charge.
Alternative Sentencing for Violating a Protection Order
Usually, judges are lenient on first-time offenders, especially if the individual has a great defense lawyer on their side. If the individual is a first-time offender (i.e., they do not have prior convictions for violating a protection order offense), the judge may order probation, community service, or community supervision. If the individual struggles with a substance use disorder, formerly known as “addiction,” the individual’s attorney may argue that mandatory substance use treatment is more beneficial than punishment.
However, bear in mind that the judge is likely to keep the protective order in place even if the judge agrees to alternative sentencing. As long as the protective order is in place, the individual cannot own or possess a gun. Moreover, the order may restrict the individual from returning to their home. Still, alternative sentencing is typically preferred to incarceration.
Defenses for Violation of Protection Order
No one likes being wrongfully accused. In America, an individual is innocent until proven guilty. Yet, not everyone believes in the “innocent until proven guilty” philosophy, which is why it is important for the individual to raise defenses in court to show their innocence. The individual’s legal defense team might argue:
- False accusation
- Insufficient evidence
- Conflicting or contradictory witness testimony (from the individual’s accusers)
- Lack of knowledge
- Lack of intent
Address Confidentiality Program – The Texas Department of Public Safety’s website provides information regarding where someone can learn how to keep their address confidential if they are a victim of domestic violence, abuse, or stalking.
Discover Freedom – The Texas Advocacy Project’s website provides help, guidance, and tools for survivors of domestic abuse, assault, family violence, and stalking.
Austin Violation of a Protection Order Lawyer, TX
At The Law Office of Jackson F. Gorski, Travis County domestic violence attorney Jackson F. Gorski has years of experience taking on some of the toughest cases. If you are under investigation for violating a protection order in Austin, TX, contact The Law Office of Jackson F. Gorski. You can be secure that Mr. Gorski will protect your rights.
Since every case is distinct, it is best to call 512-960-4646 to secure a free, confidential consultation with The Law Office of Jackson F. Gorski today. The Law Office of Jackson F. Gorski handles protection order cases throughout the State of Texas including Austin, Georgetown, Anderson Mill, Pflugerville, Cedar Park, Kyle, Leander, New Braunfels, San Marcos, and Taylor.