Restraining orders are intended to protect individuals from harassment, abuse, or threats. They’re also referred to as protective orders. These orders can be temporary or permanent. They impose strict rules that the restrained person must follow.
As far as the criminal justice system is concerned, violating a court order in Texas is a crime. A conviction for violating a restraining order could mean up to a year of county jail time.
This page is meant to give you information about court order violation offenses. However, if you’re looking for a criminal defense lawyer in Houston to help you fight criminal charges related to violating any type of court order, we’re here to help.
You can reach Houston criminal defense lawyer Tad Nelson at 713-659-0909 or via our message form. Schedule your free consultation today!
Types of Restraining Orders in Texas
Temporary Ex Parte Protective Orders
Temporary Ex Parte Protective Orders can be issued without the presence of the alleged offender. They’re intended to offer immediate protection to an alleged victim. They tend to last up to 20 days but can be extended.
Final Protective Orders
These are issued after a court hearing where both parties can present their case. They can last up to two years. In some cases, they can be extended.
Magistrate’s Order for Emergency Protection (MOEP)
MOEPs are typically issued after an arrest for family violence. The length of MOEP orders can range from 31 to 91 days.
Consequences of Violating Restraining Orders
Violating a restraining order in Texas could mean a warrant for your arrest with new criminal charges.
A first-time violation of a protective order is generally classified as a Class A misdemeanor. A conviction is punishable by up to one year in jail and a fine of up to $4,000. Repeated violations or violations involving assault or stalking can elevate the charge to a felony, leading to more severe penalties.
Defending Against Charges of Violating Restraining Orders
Lack of Knowledge
One possible defense is that you were unaware of the restraining order.
For a protective order to be enforceable, you must be formally served with it. If you were not served, we could argue that you didn’t know about the court order.
False Allegations
Sometimes, the basis of a restraining order is the result of nothing more than a flat-out lie.
If our legal team proves the allegations are fabricated, it’ll be a fantastic defense. Collecting evidence such as text messages, emails, or witness testimonies can help us immensely.
Unintentional Contact
In some cases, contact with the protected individual may be accidental. In some cases, it’s unavoidable. For instance, you might run into them at a public place without any intent to violate the order. They may also conveniently appear in a place where you’re known to frequent. Proving that the contact was incidental can be a valid defense.
Lack of Evidence
Legal standards imposed by the Constitution of the United States remain relevant. The prosecution must prove beyond a reasonable doubt that you intentionally violated the restraining order. If there’s insufficient evidence to support this claim, we’ll have a strong chance of getting the court to dismiss the criminal charges.
If you have questions about your individual situation, contact Houston criminal defense attorney Tad Nelson to learn more about your options. Call us 24/7 at 713-659-0909.
What Do I Do if I’m Accused of Violating a Court Order?
Talk with a Criminal Defense Lawyer
If you’re accused of violating a restraining order, take immediate action to protect your rights. Speak with our legal team so we can get to work on building a defense for you.
Attorneys Tad Nelson and Amber Spurlock have extensive experience defending people charged with felony & misdemeanor offenses in Houston. If you need to talk with a criminal defense lawyer, contact us today.
Gather Evidence
Collect any evidence that can support your case. Evidence that can help you might include communication records, GPS data, text messages, and witness statements.
Avoid Contact
Don’t engage in any contact with the protected person. Even if the accusations are false, avoid them. This tactic will prevent further complications.
Document Everything
Keep detailed records of any information that might help your defense. Again, text messages, phone call records, records of prior plans, etc.
Accused of Violating a Restraining Order?
Talk with Houston Criminal Defense Lawyer Tad Nelson Today!
At Tad Nelson & Associates, we take pride in representing our clients in court. We have a culture of winning, decades of experience, and the tact to make our legal defense work.
Mr. Tad A. Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization™. He’s also an ACS/CHAL Lawyer-Scientist. If you’re looking for help fighting criminal charges in Houston, Harris County, Galveston County, or anywhere in Greater Houston, contact our law offices today.
We offer 100% free case reviews, flexible payment options, and spectacular legal representation. Contact us to get started today.
