Violating a Texas protective order under Penal Code §25.07 is a Class A misdemeanor (up to 1 year jail, $4,000 fine). It becomes a third-degree felony (2-10 years TDCJ) with two or more prior violations, commission of assault during the violation, or violation involving stalking. The State need only prove the defendant knowingly violated the order — not intent to harm.
Violating a Texas protective order is a separate crime — even a phone call, text message, or chance encounter can result in new misdemeanor or felony charges. Here is what violates a protective order and how to defend against the charges.
What Is a Texas Protective Order?
Protective orders in Texas are issued under Texas Family Code Chapters 71-87 (for family violence) or Texas Code of Criminal Procedure arts. 7A.01-7A.07 (for sexual assault, stalking, trafficking). They prohibit specified conduct — typically contact, proximity, firearm possession, and related behaviors.
Common Protective Order Terms
- No contact with the protected person (direct or indirect)
- No going within a specified distance (often 200-500 yards) of residence, workplace, school
- No harassment, threats, or stalking
- Surrender of firearms
- Child custody and possession restrictions
- Attendance at battering intervention programs
- Payment of support or medical expenses
What Counts as a Violation?
Under Penal Code §25.07, a person commits an offense if they knowingly violate a protective order by:
- Committing family violence or an act toward or involving a protected person
- Communicating directly or indirectly with a protected person in a threatening or harassing manner
- Communicating directly with a protected person in any manner when the order prohibits such communication
- Going to or near residence, workplace, school, or daycare of protected person
- Possessing a firearm
- Harming, threatening, or interfering with a protected animal
- Removing, attempting to remove, or tampering with a GPS monitoring device
Penalties
Class A Misdemeanor (§ 25.07(g))
- Up to 1 year in jail
- Up to $4,000 fine
Third-Degree Felony
Elevated when:
- Two or more prior § 25.07 or § 25.072 convictions
- The violation involves assault of the protected person
- The violation involves stalking under § 42.072
Third-degree felony = 2 to 10 years TDCJ, up to $10,000 fine.
Continuous Violation — § 25.072
Two or more violations within 12 months is a third-degree felony even without prior convictions.
Proving Knowledge
The State must prove the defendant knew of the order and knowingly violated it. Ways the State establishes knowledge:
- Service of the order on the defendant
- Defendant's presence at the hearing
- Text messages, emails, or statements acknowledging the order
- Defendant's prior violations or enforcement
Technical arguments about defective service sometimes succeed but require careful review of the service return.
Defense Strategies
Lack of Knowledge
If the defendant was not properly served or otherwise notified of the order, the knowledge element fails.
Consent / Invitation
In some cases, the protected person initiated contact. While this is not a complete defense (the defendant still violated the order), it can reduce punishment or support a reduced plea.
Challenging the Underlying Order
If the protective order itself was procedurally defective, collateral attacks may be available.
Accidental or Incidental Contact
Chance encounters — seeing the protected person at a grocery store, for example — typically don't violate the order if the defendant immediately leaves. However, lingering or initiating contact does.
Frequently Asked Questions
Can the protected person "drop" a protective order violation?
No. Once charges are filed, only the prosecutor can dismiss. Protected persons can provide affidavits, but the State decides whether to proceed.
What if the protected person contacts me first?
You're still required to avoid contact — even if they initiate. Responding violates the order. The solution is to immediately disengage and document the contact.
Is a phone call or text a violation?
Yes, when the order prohibits direct communication. Even “I'm sorry” messages violate the order.
Can I own a gun with a protective order?
No. Protective orders trigger federal firearm prohibitions under 18 U.S.C. § 922(g)(8) and Texas restrictions.
How long does a protective order last?
Typically 1-2 years, but can be extended. Final orders under Family Code § 85.025 can last up to a lifetime in certain circumstances.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing protective order violation charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas criminal law is complex and fact-specific — please consult a licensed Texas attorney about your particular situation. Past results do not guarantee future outcomes.