Violation of a Protective Order in Texas
Protective Order or Restraining Order? The Distinction Matters
People often use these terms interchangeably, but they’re not the same thing. A restraining order is a civil matter — it might come up in a lawsuit, and if someone violates it, there’s no criminal charge waiting on the other side. A protective order works differently. Even though it originates as a civil order, violating it triggers a criminal response: police involvement, possible jail time, real consequences. The Texas Penal Code lays out these criminal offenses in Chapter 25, which is where the teeth of a protective order actually live.
Two Paths to a Violation
There are really two ways someone ends up charged with violating a protective order, and it’s worth understanding both.
The first involves bond conditions. Say someone gets arrested for family violence or stalking. Before trial, if they’re released on bail, a judge sets conditions for that release — and those conditions tend to mirror what you’d find in a protective order: stay away from the victim’s home, no contact, no further offenses against that person. Break any of those terms, and you haven’t just violated your bond. You’ve committed a new criminal offense.
The second path is more direct: violating the order itself. Under Section 25.07 of the Texas Penal Code, it’s illegal to disregard a protective order issued for family violence, child abuse or neglect, sexual assault, stalking, or trafficking. Whether the order came from the Code of Criminal Procedure or the Family Code, the violation looks similar — knowingly committing family violence, reaching out to the protected person or their family, showing up somewhere the order forbids, messing with the victim’s pets, even tampering with a GPS monitoring device. The list of prohibited conduct is broader than most people expect.
One thing trips people up regularly: reconciliation. It’s not unusual for the two people involved to patch things up while the order is still active. But that doesn’t make the order disappear, and it doesn’t give either party permission to ignore it. As far as the law is concerned, contact is still contact — reconciled or not. The only way to actually lift the restrictions is to go back to court and ask the judge to modify or terminate the order.
What's the Penalty?
In most cases, violating a protective order is charged as a Class A misdemeanor, which can mean:
- A fine reaching up to $4,000
- Up to a year in jail
- Or both, depending on the judge
That said, the charge doesn’t always stay at the misdemeanor level. Under certain circumstances, violating a court order or bond condition tied to a family violence, sexual assault, stalking, or trafficking case can escalate to a third-degree felony.
For that elevation to happen, prosecutors need to show one of two things: either the defendant already has two or more prior convictions for violating protective orders, or the current violation involved an assault or a stalking offense. Once it crosses into felony territory, the stakes climb fast — a prison sentence of two to ten years, plus a fine of up to $10,000.
If You've Been Accused, Don't Wait
Facing an allegation like this in Fort Worth is serious, and the consequences can follow you for years. If you or someone close to you has been accused of violating a protective order, the smartest move is reaching out to a defense attorney right away — not after things have already escalated. We’ve built a reputation around getting real results for clients in situations like this. Call today and let’s talk through what you’re facing — the consultation is free.
**Call (817) 900-3235** immediately or visit our office at **855 Texas St., Suite 140, Fort Worth, TX 76102**. Your future depends on experienced, local representation—let us put our proven track record to work for you.
