Violation of a protective order

What counts as a violation?

Penal Code 25.07 makes it an offense to knowingly violate an order or bond condition by, among other things, committing family violence or certain other offenses, communicating with a protected person in a threatening or harassing way or directly when the order forbids it, going to or near a listed home, school, workplace or child care facility, possessing a prohibited firearm, or tampering with a required GPS device.

What are the penalties?

How are these cases defended?

The State must prove a valid order existed, that you knew about it (usually through service or being present when it was issued), and that you knowingly did something it prohibited. Questions about service, the exact terms of the order, who initiated contact and what the messages actually say can all matter.

What if the protected person invited the contact?

Consent is not a defense to most violations, because the order restricts the respondent. But the circumstances can matter to the prosecutor and the court.

When is a violation a felony?

A violation is usually a Class A misdemeanor, punishable by up to 1 year in jail and a fine up to $4,000 (Penal Code 12.21). It becomes a state jail felony if the person possessed a deadly weapon while violating the order in certain ways, such as going near a protected place or committing family violence. It becomes a third-degree felony if the person has two prior convictions under 25.07 or 25.072, or if the violation involved an assault or stalking (Penal Code 25.07(g)). Separately, violating an order two or more times within 12 months can be charged as "repeated violation," a third-degree felony, or a second-degree felony if at least one violation was committed while possessing a deadly weapon (Penal Code 25.072(e)).

Does the State have to prove I knew about the order?

Generally yes. The order must have been in effect, and the State usually must show you had notice of it, for example because you were served or were present in court when it was issued. Lack of notice, or confusion about whether a temporary order had expired or been replaced, can be a defense.

What counts as communication?

Depending on the order: calls, texts, emails, social media messages or comments, messages through friends or relatives, gifts, and in some orders communication "in a threatening or harassing manner." Read the specific wording. Some orders allow limited contact, such as about children through a specified method.

What happens to my bond?

A new violation while on bond can lead to bond revocation in the existing case, and a new bond on the violation charge with stricter conditions such as GPS monitoring.

How are these cases defended?

• Lack of notice of the order
• Conduct that does not fall within the order's specific terms
• Distance or location disputes, such as being near a protected place for a lawful reason
• Identity in electronic messages, such as fake or shared accounts

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What should I bring to a consultation?

• Bond paperwork and any protective order, with the dates you received them
• Messages, call logs and social media posts from before and after the incident, saved in the original app and as screenshots
• Names of witnesses and anyone who saw or heard part of what happened
• Photos of any injuries you had, and medical records
• Any earlier police reports, court cases or orders involving either person

What conduct does Penal Code 25.07 cover?

Depending on what the order or bond condition says, it is an offense to commit family violence, to communicate directly with a protected person in a threatening or harassing way, to send a threat through another person, to communicate in any way when the order bars all communication, to go to or near a listed home, workplace, school or child care facility, to possess a firearm, to harm or interfere with a protected person's pet or assistance animal, to tamper with a GPS monitor, or to track a protected person's phone or vehicle without consent (Penal Code 25.07(a)).

What if the protected person reaches out or we reconcile?

Reconciliation or an agreement between the people affected does not change the order or the duty of officers to enforce it (Penal Code 25.07(d)), and police may not arrest the protected person for a violation of the order (25.07(e)). The safest course is to have no contact until a court changes or ends the order, and to talk to a lawyer about asking the court for a modification.

Can the State charge both the violation and another offense?

Yes. If the same conduct is also another crime, such as assault or stalking, the State may prosecute under either section or both (Penal Code 25.07(c)). A violation committed by assault or stalking is itself a third-degree felony under 25.07(g)(2)(B).

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026