What Happens If You Violate a Protective Order in Texas? Understanding the Criminal Charges and Legal Consequences

If you’ve been served with a protective order in Texas — whether it’s emergency, temporary, or final — violating it is not just a civil matter. It’s a criminal offense that can lead to arrest, jail time, and new charges, even if no violence occurred and even if the protected person wants to resume contact.

In many domestic violence cases, violating a protective order can actually carry harsher penalties than the underlying charge.

In this post, you’ll learn:

• What counts as a violation
• How Texas law punishes different types of violations
• What happens if you’re arrested again
• How to avoid making the situation worse

Step 1: What Is a Protective Order Violation?

A violation occurs when you do anything that the protective order prohibits, including:

• Contacting the protected person by phone, text, email, or social media
• Visiting or driving by their home, job, or school
• Possessing a firearm (if the order includes a gun ban)
• Attempting to speak through a third party (friends or family)
• Showing up “accidentally” at a prohibited location
• Failing to comply with counseling or treatment requirements

You don’t need to commit violence to violate the order — simple contact is enough.

Step 2: What If They Contact You First?

This is one of the biggest traps people fall into.

Even if the protected person:

• Texts you
• Calls you
• Asks to meet up
• Says “It’s okay now”

…you can still be arrested for responding. The order is between you and the court — and only the judge can modify or cancel it.

Do not respond. Instead, notify your attorney.

Step 3: Criminal Penalties for Violating a Protective Order in Texas

Violations of protective orders are criminally charged under Texas Penal Code § 25.07.

First Violation:

• Class A misdemeanor
• Up to 1 year in county jail
• Up to $4,000 in fines

Repeat or Serious Violations:

• State jail felony if you have two prior convictions
• Third-degree felony if:
  • The violation involves assault or stalking
  • The order was related to a prior family violence finding
• Penalties include 2 to 10 years in prison and up to $10,000 in fines

In addition to criminal charges, you may face:

• Bond revocation
• Probation revocation
• Contempt of court
• More restrictive new protective orders

Step 4: What Happens After a Violation?

Once a violation is reported or discovered:

1. Police may arrest you on the spot — no warrant required
2. You’ll be taken back to jail and held for new charges
3. The court may:
   • Revoke your bond (if you’re out on bail)
   • Add new charges to your case
   • Impose stricter conditions of release
   • Consider the violation as an aggravating factor at sentencing

Even if you’re on probation or deferred adjudication, the violation could result in:

• Revocation
• Full jail or prison sentence
• A permanent family violence finding

Step 5: Can You Be Charged Without Proof?

Yes — if the protected person makes a report, or if police or witnesses observe you violating the order, that may be enough for an arrest.

However, your attorney can fight back by challenging:

• Whether you knew about the order or its terms
• Whether the contact was accidental or fabricated
• Whether GPS data, texts, or other evidence disprove the allegation
• Whether the contact actually violated a specific term of the order

Step 6: What If It’s a Mistake or Misunderstanding?

Accidental contact does happen — for example:

• You bump into the protected person at a grocery store
• You were unaware they changed jobs or schools
• You thought the order had expired or been dropped

But under Texas law, intent is not always required for a violation — and the burden is on you to avoid contact.

The best way to prevent accidental violations is to:

• Know the terms of the order in full
• Keep a copy of the order with you
• Talk to your attorney about modifying terms if needed
• Avoid all communication, no matter how friendly or harmless

Step 7: How Your Attorney Can Help

If you’re accused of violating a protective order, your attorney can:

• Request a bond hearing to get you released from jail
• Challenge the validity or clarity of the order
• Present evidence of accidental or non-criminal contact
• File a motion to modify or remove the protective order going forward
• Argue against enhanced penalties if you’re facing repeat charges

Your attorney may also be able to negotiate a resolution such as:

• Reinstatement of bond
• Counseling in lieu of jail
• Plea deal to a lesser offense (like criminal trespass)

County-Specific Trends

Harris County

• Protective order violations are aggressively prosecuted
• Multiple domestic violence dockets monitor compliance
• Judges may require GPS or SCRAM monitoring after a violation

Fort Bend County

• Bond revocation is likely after a violation
• Prosecutors may file felony charges if prior family violence history exists

Galveston County

• Judges show zero tolerance for repeat or escalating behavior
• Defendants may be held without bond if the victim claims fear

Brazoria County

• More flexible if the violation appears unintentional
• Early legal intervention can help minimize long-term consequences

Final Tip: A Protective Order Is Serious — Treat It That Way

Whether you agree with it or not, a protective order is a court mandate. Violating it will not only hurt your case — it may land you in jail and destroy your chance of a favorable outcome.

At Walker Law Office, attorney Mekisha Walker helps clients across Harris, Fort Bend, Galveston, and Brazoria Counties respond to accusations of protective order violations. As a former prosecutor, she knows how to minimize penalties and get the facts before the court — fast.

Call (713) 228-2611 or visit https://www.walkerlawhouston.com/contact to speak with a lawyer near you today.

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