Have you been a victim of domestic violence in Texas? Are you in the midst of a difficult situation where the offender has violated a protective order? We would like to share the steps you can take to protect yourself and enforce the law.
Remember that protective orders are legal rulings issued by the court to restrict the offender’s behavior and prevent further abuse or harassment. A Texas violation of protective order rulings carries serious consequences for the other party.
If you believe the other party has crossed the line, you have the ability to take action. Here’s a detailed guide on what you should know and do if you’re facing such a situation.
Understanding a Texas Violation of Protective Order Rulings
A protective order in Texas is designed to safeguard victims by prohibiting the person who committed family violence from engaging in certain actions. These orders are particularly common in situations involving domestic violence, stalking, sexual assault, or other forms of harassment.
The typical prohibitions in a protective order may include barring the offender from:
- Contacting you directly or indirectly, including via phone, email, or social media.
- Coming near your residence, place of employment, or other specified locations.
- Possessing a firearm or threatening to use a weapon to commit violence or an act of violence.
- Engaging in behavior that threatens, harasses, or harms you.
- Communicating a threat through another person to you.
Protective orders can also cover other specific directives, such as staying away from your children, pets, or other family members if deemed necessary for their safety. Be sure to speak with a qualified family law attorney about the specifics of your case.
What to Do if a Protective Order is Violated
When the offender has violated the terms of a protective order, you can take specific actions.
– Immediate Response: If the offender violates any terms of the protective order, contact your local police department immediately to report the incident. Provide as much detail as possible, including any evidence of the violation, such as messages, emails, or witness statements.
– Documentation: Keep detailed records of all incidents that involve the offender, including dates, times, and descriptions of how the protective order was violated. This documentation can be crucial in future legal proceedings when enforcing the order.
– Legal Assistance: Consult with a family law attorney, such as one of our attorneys at Parker & Aguilar. We specialize in family law issues such as protective order cases. One of our attorneys can guide you through the process of enforcing the order and can represent you in court.
– Court Hearings: Violations of protective orders often lead to additional court hearings where you can present evidence of the violation. Attend all hearings and follow the legal processes diligently. Your attorney can present your case and advocate on your behalf.
Based on the severity and nature of the violation, the court may enhance the protective order by imposing stricter conditions or extending its duration. It’s important to convey all concerns and ongoing threats to the court to ensure that all necessary protective measures are in place.
Legal Consequences for Violating a Protective Order
Violating a protective order in Texas is considered a serious offense and is typically charged as a Class A misdemeanor. It can result in up to a year in county jail and a fine of up to $4,000.
Sometimes, the court will determine that the offender unknowingly or unintentionally committed the offense, leading to a lighter punishment. However, when the court determines that the other person knowingly or intentionally committed the offense, the legal consequences are likely to increase.
In cases where the violation involves aggravated circumstances, such as stalking or sexual assault, the offender may face third degree felony charges, according to the Texas Penal Code. This outcome could result in stiffer penalties, including longer jail terms and larger fines.
While you wait to enforce the protective order, you can take steps to protect yourself and your family if they are also in harm’s way.
Support and Resources
Consider reaching out to local support groups, counseling services, or advocacy organizations specializing in domestic violence. These resources can provide additional support and guidance, helping you navigate this challenging time.
Long-Term Safety and Planning
Work on a long-term safety plan that includes changing routines, enhancing security at home, and maintaining a support network of friends and family who are aware of your situation and can offer assistance.
Stay in Touch With Your Attorney
Our local attorneys are just a call away if you become concerned about your legal protection while waiting for a court hearing to enforce the original order. We can always work on your behalf to pursue a temporary ex parte order to increase your immediate protection.
Always remember that the law is on your side, and you do not have to face this situation alone. You are a protected individual, and you have certain rights to prevent additional harm.
Work with Parker & Aguilar to Enforce a Protective Order
By thoroughly understanding your rights and resources, you can take effective actions to protect yourself and enforce the law against an offender who commits a clear violation of the original order.
Our attorneys will work on your behalf to gather the appropriate evidence, argue on your behalf, and help you increase protections against the offender. You don’t have to let their violation of the protective order prevent you from living your life.
We currently represent victims of family violence in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our Angleton law office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with a caring and knowledgeable attorney.
Contact one of our local attorneys to discuss a Texas violation of protective order and find help with your case.