Facing Protective Order Violation Charges in San Antonio? Your Defense is Critical

The Severe Consequences of Violating a Protective Order in Texas

In Texas, a charge of Violation of a Protective Order is not a simple misunderstanding or a minor infraction; it is a serious criminal offense that prosecutors and courts treat with zero tolerance. Under Texas Penal Code § 25.07, even a single, seemingly minor breach of a court’s protective order can trigger immediate arrest, substantial jail time, and a cascade of legal consequences that can devastate your life. At Barton & Associates, Attorneys at Law, we understand that these situations often arise from highly charged, emotionally complex circumstances. A text message sent in frustration, a brief encounter at a child’s school, or an accidental proximity can be construed as a willful violation, leading to severe penalties. The system is designed to be unforgiving, prioritizing enforcement over context. From the moment of arrest, you are not just facing a new criminal charge; you are also jeopardizing your underlying domestic case, your parental rights, and your very freedom. In this high-stakes arena, an aggressive and knowledgeable defense is not just advisable—it is absolutely essential to protect your future.

The legal reality is stark: Texas treats protective orders as sacrosanct. A violation demonstrates contempt for the court’s authority and is prosecuted as a direct challenge to the judicial system. This charge is often filed as a Class A misdemeanor, punishable by up to one year in county jail and a $4,000 fine. However, if you have a prior conviction for violating a protective order, or if the violation involves an assault, stalking, or a credible threat, the charge can be elevated to a third-degree felony, carrying 2 to 10 years in state prison. Beyond the immediate penalties, a conviction will be used against you in the underlying family law case, almost certainly resulting in the loss of child custody, supervised visitation, and a permanent stain on your record that affects employment, housing, and your right to possess firearms. The stakes could not be higher.

Understanding the Law: What Constitutes a Violation Under Texas Penal Code § 25.07

A protective order (also called a restraining order) is a civil court order that prohibits specific behaviors to protect an individual from harm, threats, harassment, or stalking. A violation occurs when you knowingly or intentionally commit an act that the order expressly forbids.

Common violations that lead to criminal charges include:

• Direct Communication: Contacting the protected person by phone, text message, email, social media, or through a third party.
• Proximity Violations: Going to or near the protected person’s residence, place of employment, school, or childcare facility. “Near” is often defined in the order (e.g., within 200 feet).
• Possession of a Firearm: Most protective orders explicitly prohibit the possession of a firearm or ammunition. Violating this is a separate federal crime under 18 U.S.C. § 922(g)(8).
• Committing Family Violence: Assaulting, threatening, stalking, or harassing the protected person.
• Removing Children: Violating custody terms outlined in the order.

The Critical Element: “Knowingly” For a conviction, the state must prove you knowingly violated the order. This means you were aware of the order’s existence and its specific terms. However, the law presumes you had knowledge if you were present at the hearing or were personally served with the order. Proving you did not know can be a significant, though challenging, defense.

Penalties for Violating a Protective Order in Texas

The penalties are severe and escalate quickly. Here are the potential consequences:

• Class A Misdemeanor: First-time violation (non-assaultive, e.g., a text or prohibited proximity). Up to 1 year in county jail, fine up to $4,000.
• Third-Degree Felony: Violation involving an assault OR a defendant with a prior conviction for violating a protective order. 2 to 10 years in state prison, fine up to $10,000.
• Federal Crime: Violation of the firearm possession prohibition in a qualifying protective order. Up to 10 years in federal prison.

Collateral Consequences Beyond Jail Time

A conviction for Violation of a Protective Order inflicts long-term damage that can be more punishing than the sentence itself.

• Catastrophic Impact on Family Court Cases: This conviction is the single most powerful piece of evidence in a concurrent or future divorce or child custody battle. It will almost certainly result in you losing custody of your children and being granted only limited, supervised visitation under onerous conditions.
• Loss of Firearm Rights: A conviction for violating a protective order that includes the standard firearm prohibition results in a federal ban on possessing any firearm or ammunition. This is a lifelong prohibition for the duration of the order and beyond.
• Professional Licenses: A misdemeanor or felony conviction can lead to the suspension or revocation of professional licenses in law, medicine, real estate, nursing, and many other fields.
• Employment and Housing: A criminal record for this charge will appear on background checks, making it extremely difficult to find a job or rent an apartment.
• Extension of the Original Order: A violation almost guarantees that the protected person will seek and receive a longer, possibly permanent, protective order against you.

Our Strategic Defense Approach to Protective Order Violation Charges

At Barton & Associates, we deploy a strategic, multi-faceted defense designed to challenge the state’s case at every point. We understand that these violations are often technical and that intent is key.

1. Challenging the “Knowledge” and “Intent” Elements

The prosecution must prove you acted knowingly and intentionally. We attack this by:

• Arguing Lack of Actual Knowledge: If you were not personally served or present at the hearing, we can contest whether you had actual, timely notice of the order’s specific terms.
• Demonstrating Accidental or Unintentional Contact: We present evidence that an encounter was purely coincidental (e.g., running into each other at a public grocery store) and not a willful violation. We may use GPS data, witness testimony, or receipts to establish your lawful purpose for being in a location.

2. Asserting a Defense of Necessity or Mistake of Fact

In limited circumstances, we may argue:

• Necessity: That you violated the order to prevent a greater, imminent harm (e.g., contacting the protected person to warn of a genuine, immediate danger to your child).
• Mistake of Fact: That you held a reasonable, good-faith belief that your actions were permitted (e.g., you believed the order had expired or been modified based on misleading information).

3. Scrutinizing the Validity and Clarity of the Underlying Protective Order

We examine the original order for fatal flaws that could undermine the violation charge:

• Vagueness: Was the order so vaguely worded that a reasonable person could not understand what was prohibited?
• Improper Service: Was the order properly served on you according to Texas law? Defective service can be a powerful defense.
• Constitutional Defects: Did the original order violate your due process rights?

4. Negotiating for Favorable Resolutions and Mitigation

Given the severe collateral consequences, our goal is often to avoid a conviction. We leverage our trial readiness and investigative work to negotiate for:

• Deferred Adjudication: A form of probation where, upon successful completion, the case is dismissed and you avoid a final conviction. This is often the best possible outcome to protect your record and parental rights.
• Reduction to a Lesser Charge: Negotiating a plea to a non-domestic offense like “Disturbing the Peace” to avoid the specific stigma and family law consequences of a protective order violation.
• Minimizing Jail Time and Fines: If a conviction is likely, we fight aggressively for the absolute minimum penalty.

The Barton & Associates Advantage: Former Prosecutors on Your Side

Navigating the intersection of criminal law and family court requires a specific skill set. Our team of Former Texas Felony Prosecutors provides a critical strategic advantage:

• Insider’s Knowledge of Enforcement Priorities: We have firsthand experience with how aggressively the state pursues these violations. We understand the pressures on prosecutors and judges to punish violators, and we know how to present a compelling counter-narrative.
• Experience with Complex Family Law Intersections: We understand how a criminal conviction will be used in family court. Our defense strategy is always crafted with an eye toward minimizing damage in your concurrent custody or divorce case.
• Trial-Tested and Negotiation-Savvy: We are fully prepared to take your case to trial to defend your rights, but our reputation and skill also make us effective negotiators who can often secure outcomes that protect your future without the risk of a trial.

Take Immediate Action to Protect Your Rights

If you are arrested for violating a protective order, you must act with extreme caution.

1. Do not contact the protected person for any reason, even to apologize or explain. Any further contact will result in additional charges and devastate your defense.
2. Exercise your right to remain silent. Do not discuss the circumstances with police. State clearly: “I will not answer questions without my attorney. I wish to speak with Barton & Associates.”
3. Gather all documents related to the protective order, including the signed order itself and any proof of service.
4. Contact an experienced criminal defense attorney immediately. The sooner we are involved, the sooner we can prevent missteps and begin building your defense.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. We will immediately begin the work necessary to defend you against these serious charges and protect your parental rights, your freedom, and your future.

Main Category: Criminal Defense
Practice Area Category: Domestic Violence
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000