If you have an active protective order in Austin, Texas that has been violated, contact a criminal defense attorney in Austin today. Protective orders are taken very seriously, and your safety (or compliance) is absolutely essential throughout the duration of this order. Violation of a protective order is considered a serious crime, and can carry some severe punishments if violated. If you have a protective order against someone in Texas, or have a protective order against you, and believe it may have been violated, read more to see how these violations are handled.
Texas Protective Orders
A protective order is a mandate issued by a court that restricts an individual from contacting another party. This could be issued as a result of violence, harassment, threats, or more. Courts issue protective orders for a fixed period, and may possibly be extended if the threat has not been resolved by the end of the order. An accusation of violating this order will result in an arrest, at which point the actual crime will be determined.
Arrested for Violating a Texas Protective Order
If an individual is accused of violating a protective order, they will be arrested and charged. Just because they are charged does not mean that they are guilty, and will have an opportunity to discuss the circumstances with a judge. If you have an order against someone else and they have violated it and were arrested for it, you will additionally have an opportunity to discuss the situation with a judge, and determine the best course of action moving forward. If you’ve been arrested for a violation, contact an attorney who is fluent in criminal defense law in Austin to reach a quick and fair resolution.
Punishments for Violating a Texas Protective Order
If a NEW charge of assault or stalking is introduced alongside a protective order violation, there is a potential penalty of 2-10 years incarceration and a $10,000 fine. Most other first violations are generally considered Class A Misdemeanors and carry maximum penalties of 1 year in prison and a $4,000 fine.
Repeat violations of protective orders are considered third-degree felonies, and carry significantly increased penalties with them. Each felony charge carries a potential of 2-10 years in jail as well as a $10,000 fine, and felonies will have serious impacts on your record. Non-citizens charged with repeat violations of protective orders will be deported, in addition to any other penalties levied at them.
After a Protective Order Violation
If you have been charged with violating a protective order, speak with an attorney immediately. Procedures for handling violations of orders are intended to be swift in order to protect the person who filed the order, but this does not mean you will not be able to give your account of the situation, and it is not certain that you will be charged with anything. In discussing the situation with an attorney, you will be able to identify the most effective way to deal with this arrest, and how best to manage the order moving forward.