Protection Orders in Houston, TX

28 Feb 2023
Greco Neyland, PC

A protection order is a civil court order meant to protect alleged victims of family violence, dating violence, sexual abuse, or stalking. Violating a protective order is a Class A misdemeanor punishable by up to a year of prison and up to $4,000 in fines.

If you violate a protective order three times, you’ll face third-degree felony charges. Your charges will also be upgraded to third-degree felony charges if you are accused of committing assault. In Texas, a third-degree felony is punishable by two to ten years in prison and up to $10,000 in fines.

Here are some actions to avoid when a protection order binds you.

#1) Avoid communicating

Avoid sending text messages, DMs, or emails. Don’t call the person who has taken out a protective order against you.

They wouldn’t have gotten the courts involved if they wanted to talk to you.

You also never know when anything you say might be perceived or construed as a threat. Threatening a person is a crime in its own right, and the likelihood that you’ll be charged increases exponentially when the person you’re communicating with has a protective order against you.

Resist the urge to explain yourself. It will not help.

#2) Avoid physical contact

Most protective orders restrain you from being in the holder’s physical presence.

Do not show up at their house, school, or workplace. If you share a home, you’ll need to ask the police to escort you to go pick up some belongings, and then you’ll have to find another place to stay.

It may not feel fair, especially if you didn’t do anything wrong and you know the order is just a tactic in a divorce. Unfortunately, you need to move beyond fair right now. Get a divorce lawyer and keep a criminal lawyer on speed dial.

Obviously, any violence against the protection order holder will be dealt with harshly. You might be surprised to learn what counts as violence. For example, even grabbing that person’s arm to try to keep them in a conversation could be charged as assault.

Just stay away from them.

#3) Avoid Firearms

Texas is gun-friendly, but not when someone has taken out a protection order against you.

Even owning a firearm can be a violation of a protective order. If you already own firearms, you must either sell the gun to a licensed gun dealer, store the gun with a licensed gun dealer, or surrender the gun to a law enforcement agency until the court order is no longer in force.

The judge may give you specific instructions regarding your guns. Be sure to follow them.

When taking any of these actions, you should always transport the gun in the trunk of your car, unloaded.

#4) Follow Directions

A judge may impose additional conditions on you after setting a protection order.

For example, the judge may require you to attend a battering prevention program. This may feel humiliating, insulting, and unnecessary. Unfortunately, you’re bound by court order, so you must go.

Just get through the program as soon as possible and as uneventfully as possible.

We’re Here to Help

If you’ve been accused of violating a protection order, don’t wait.

Contact our office to schedule a case review today. You need outstanding representation from an attorney who cares.

See also:

Do You Need a Permit to Carry a Gun in Texas?

Steps to Take if Falsely Accused of Domestic Violence in Houston, TX

Can You Be Arrested for Making Threats in Houston, TX?

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