Violation of Protective Order
Have you been accused of violating a protective order? When dealing with legal troubles, you need a defense attorney that understands your situation and can provide effective representation tailored to your needs. At Rosenthal Kalabus & Therrian, we have extensive experience handling cases involving violating protective orders. Our Collin County criminal defense lawyers understand that your freedom is on the line, so we will aggressively fight to protect your interests and well-being. Our attorneys have the skills and resources to mount a robust defense and negotiate with prosecutors to have the charges against you dropped or reduced. Contact our protective order violation lawyers today for a confidential consultation with an attorney in Collin County.
What Is a Protective Order?
A protective order, also known as a restraining order or an injunction, is a court mandate designed to protect an individual from harassment, threats, abuse, or stalking by another individual. These orders can:
- Require the restrained person to stay a certain distance away from the protected individual
- Restrict the restrained person from contacting or communicating with the protected individual
- Demand the restrained person not to harm or threaten the protected individual
- Prohibit the restrained person from entering specific locations, such as the protected individual’s home or workplace
These orders can be issued in various circumstances, including domestic violence cases, divorce proceedings, or cases involving stalking or harassment.
What Counts as a Violation of a Protective Order?
Understanding what constitutes a violation is crucial in dealing with protective order cases. Some actions that could be considered violations of protective orders include:
- Physical proximity – Being within the specified distance of the protected person or their property, such as their home or workplace
- Communication – Directly or indirectly contacting the protected person through any means, such as calls, texts, emails, or through third parties
- Threats or violence – Any actions that can be perceived as threatening or violent towards the protected person
- Property damage – Damaging or interfering with the protected person’s property
- Presence at prohibited locations – Being present at locations that the order expressly forbids
Under Texas law, a person violates a protective order if they:
- Communicate directly with a protected individual in a threatening or harassing manner,
- Make a threat through any person to a protected individual, or
- Communicate in any manner with the protected individual if the order prohibits any communication with the individual or goes to or near the protected individual’s residence or place of employment or business.
Remember, a violation can occur even if the protected person consents to or initiates contact. The terms of the order must be adhered to until it is officially lifted or modified by the court.
What Are the Penalties for Violating a Protective Order?
Violating a protective order is a serious offense and can lead to severe consequences. Hiring an experienced criminal defense attorney is crucial to have the best chance at avoiding such penalties. Violating a protective order is punishable by the following:
- Criminal charges – A violation is typically classified as a misdemeanor or felony, depending on the circumstances.
- Jail time – Convictions can result in jail time, particularly for repeat offenses or if the violation involves physical harm.
- Fines – Convictions often include hefty fines, especially for repeated violations.
- Permanent record – A conviction could go on a person’s criminal record, impacting future employment, housing, and more.
- Custody and visitation – Violations can influence child custody and visitation rights in ongoing family law cases.
Under Texas law, violation of a protective order is typically a Class A misdemeanor. A person found guilty of a Class A misdemeanor faces penalties including fines of up to $4,000, imprisonment for up to one year, or both. However, if the defendant was previously convicted two or more times of violating the order or violated the order by committing an assault, the offense is a third-degree felony. The punishment in Texas for a conviction of a third-degree felony is imprisonment for two to 10 years and potential fines of up to $10,000.
How Can a Criminal Defense Attorney Help My Case?
If you’ve been accused of violating a protective order, you need a skilled criminal defense attorney to fight for your rights and interests. The penalties for violating a protective order can be harsh, so having adequate legal representation is essential. At Rosenthal Kalabus & Therrian, our protective order violation lawyers can help you get the best outcome by:
- Advising you of your legal options – We’ll explain your charges in detail, helping you understand the potential outcomes and penalties and weigh your legal options.
- Evaluating your case – We’ll review all aspects of your case, from the protective order itself to the circumstances of the alleged violation, to properly apply the law to the facts of your case.
- Building a solid defense – We will work tirelessly to craft the most vigorous possible defense, challenging the prosecution’s evidence and potentially introducing evidence of our own.
- Navigating court procedures – We’ll guide you through the complexities of the court process, helping you understand what to expect at each step. We can also handle all the necessary paperwork and ensure everything is filed promptly and correctly.
- Negotiating plea deals – If necessary, we can negotiate plea deals to reduce your charges or penalties potentially or have the charges dropped. We can communicate with the prosecution and other parties on your behalf.
- Offering emotional support – We understand this is a stressful time, and we can support you by answering any questions you have and discussing your future.
Contact Our Protective Order Violation Lawyers Today
If you’ve been charged with violating a protective order, seeking legal representation is vital. An experienced criminal defense attorney from Rosenthal Kalabus & Therrian can significantly impact the outcome of your case. We can investigate the charges against you, handle all the legal details, and build a strong defense. Your freedom, reputation, and livelihood are on the line. Our lawyers know what you’re up against, and we will work tirelessly to have the charges against you reduced or dropped. Call us today at (972) 369-0577 or contact us online for a confidential consultation with our Collin County criminal defense attorneys.