Defenses For Texas Protective Order Violations
Protective orders are direct orders from a Texas judge, violating these orders can lead to serious consequences. Texas protective order violations are misdemeanor charges, if it is a first offense. Law enforcement can move through the arrest process without the need for a warrant if there is probable cause that you violated a restraining order.
Whether you were accused of going near a protected individual or threatening to do them harm, you need a Houston criminal lawyer working to build your defense as soon as possible. The police may have witness accounts or photographic evidence to support their accusations, you need a legal professional fighting for your rights.
Restraining Order for Stalking or Domestic Violence
In the majority of protective order or restraining order cases, the protection is put in place in response to an accusation of stalking or domestic violence. The protective order hearing is different from criminal offenses a person is charged with, such as assault and battery.
The timeframe in which the protective order will remain in effect will depend on the unique details of the case and what the judge decides. Some restraining orders are in place for one or two years. The terms will be in line with the situation, and could include the following:
- To not be near the home, place of employment, or school of the petitioner.
- Property shared with the petitioner must be free of the person’s presence.
- Petitioner’s property should not be vandalized or destroyed.
- No indirect or direct contact with the petitioner.
- Must stay away from petitioner’s motor vehicles, if they are in them or not.
And of course, all acts of violence and criminal behavior against the petitioner must be avoided.
Intentional or Unintentional Violation and Your Defense
If you are accused of violating a protective order, a judge will review the case and determine if your violation of the order was intentional and you intended to commit further stalking or violence. If intention is proven, you will be held without the option of bail. And if you are convicted, a year in jail and thousands of dollars in fines is possible.
There have been situations in which prosecutors move forward with a violation accusation even when the documentation is weak. Speaking with a Houston criminal lawyer without delay could lead to a dismissal when other evidence can be gathered to prove your contact was unintentional.
If a dismissal is not possible, a lawyer can argue for an agreement that will include behavioral management rather than incarceration. You need an experienced Texas lawyer on your side.
Have you been accused of violating a Texas restraining order? Protective orders must be respected and followed, violations are serious offenses. To build your defense, connect with a skilled Texas criminal defense attorney. To explore what options are available given the specifics of your case, talk to the talented legal team at Ayson Law Firm. Our attorneys will strategize the best path forward to protect your future. Contact us for a free consultation.