A restraining order function is meant to protect you from harassment or violence by your former partner. If you’ve asked a court for a restraining or protective order in Texas, you’re counting on that order to keep you safe. In Texas, violating a restraining order is a serious offense. If someone breaches the order by making contact, showing up uninvited, or sending messages, they can face arrest, fines, and even jail time.
Under Texas law, violating a restraining order is a crime. Legal penalties for breaching can include fines and imprisonment, and penalties become more severe for violent or repeated violations. What happens if I violate my restraining order in Texas?
Restraining Orders and Protective Orders in Texas
Although people sometimes use the terms “restraining order” and “protective order” loosely, there are three different types of protective orders in Texas:
- Emergency protective orders prohibit a person arrested for family violence from doing so again. They can also prohibit the person from contacting or harassing the victim, following or tracking them, or going to their home or school for 31 to 61 days. If the arrest involves a deadly weapon, the emergency protective order can be in effect for up to 91 days.
- Temporary ex parte orders can prohibit an abuser from carrying out specified actions for up to 20 days and can be extended for an additional 20 days as needed.
- Final or permanent protective orders can prohibit an abuser from carrying out specified actions for up to two years. If the subject of the order committed a family violence felony, seriously injured the victim, or was the subject of two or more previous protective orders, the final order can be for more than two years.
What Constitutes a Restraining Order Violation?
Restraining orders don’t all prohibit the same list of acts, but performing any act prohibited by the order is a violation. Examples include:
- Committing any act of family violence
- Threatening or harassing the victim
- Going near the victim’s home, school, or workplace
- Communicating with the victim
- Stalking the victim
- Removing family pets from the home
Every restraining order in Texas includes a warning informing the subject of the order that:
- Performing any act prohibited by the order is punishable by fines and imprisonment.
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Only a court can remove the restrictions in a protective order, meaning even if the person who requested it changes their mind, they can’t give permission to ignore it. If you’re wondering how long a restraining order lasts, the duration depends on the case, but it remains in effect until the court officially changes or ends it.
- Possessing a firearm or ammunition is a violation of the order, except for police officers or state employees.
Can text messages violate a restraining order? Yes. If the restraining order includes a no-contact order or a ban on electronic communication, a text message would violate the restraining order. The consequences of a no-contact order violation are the same as any other breach, so sending a text message can result in a Class A misdemeanor charge.
What to Do if Someone Violates a Restraining Order
The first thing you should do if your former partner violates a restraining order is to call 911.
Tell the responding officers what happened and ensure your safety and your family’s safety before taking any other steps. After calling 911, you should contact a Texas family law firm for legal advice and assistance.
Legal Consequences for Violating a Restraining Order
Can you go to jail for violating a restraining order? Yes, under some circumstances, you can. Legal repercussions of breaching a restraining order in Texas include:
- A contempt of court charge, punishable by a fine of up to $500 and up to six months in jail
- A Class A misdemeanor charge, punishable by a fine of up to $4000 and up to one year in jail
- A third-degree felony charge, punishable by a fine of up to $10,000 and two to 10 years in prison
Criminal charges for restraining order violations in Texas become more severe based on the severity of the offense. For instance, a restraining order violation first offense may only be a misdemeanor charge, but a criminal offense involving violence or bodily harm is much more serious. If the act that violated the restraining order was a crime, such as assault, that crime can also be a separate criminal case charge.
Violating a restraining order can be charged as a felony when the charge involves:
- Stalking
- Bodily harm
- Repeated violations
Can a Restraining Order be Lifted After a Violation?
Yes, a court can modify or lift a restraining order even if the subject violated it at some point. However, this is up to the court’s discretion, and the judge will undoubtedly consider the history of violations before deciding whether to lift the order.
Please read more about violating an order here: Is Your Ex Violating a Protective Order in Texas?
Can a Restraining Order Violation be Dismissed?
Do Texas courts ever dismiss a charge for a restraining order violation? Yes, a judge can choose to dismiss this charge. Reasons for a dismissal can include:
- An affidavit by the protected party requesting the dismissal
- Violations of the order by the protected person
- A change in circumstances that makes the protective order unnecessary
- Lack of charges or convictions for violent crimes
Lack of intent to violate the restraining order is a defense against the charge, so an accidental violation of a restraining order can result in a dismissal if the judge accepts that the violation was accidental. If the restraining order was never successfully served on the defendant, this can also serve as a defense, as they can argue that they did not know they were subject to a protective order.
A judge can modify a protective order or dismiss a charge for violating a protective order even if the protected person objects to the modification or dismissal. If you are worried that a judge will dismiss the charges against your ex or modify the protective order, contact a Texas family law firm immediately.
Call a Texas Family Law Firm Immediately
If you need help with a restraining order in Texas, a Texas family law firm can help. Smith & Bledsoe Family Law serves the community of Austin, Texas. Whether you need to convince a court to grant a restraining order or not to dismiss charges against your ex, we will be proud to fight for you in court.
Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. If you need a protective order to keep you and your family safe, call Smith & Bledsoe Family Law at (512) 714-2877 or contact us online immediately.
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