This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
Key Takeaways
If you violate a restraining order in Houston, the consequences can be serious. In Texas, many orders commonly called “restraining orders” are actually protective orders, emergency protection orders, or bond conditions. Violating certain orders can lead to arrest and a separate criminal charge under Texas Penal Code § 25.07.
A first offense is often a Class A misdemeanor, but some violations can be charged as a state jail felony or third-degree felony depending on the conduct and your prior record.
If you are accused of violating a protective or restraining order in Houston, LaVine Law Firm can review the order, the alleged contact, and the evidence against you. Call 713-965-7305 to discuss your case.
Not always.
People often use the terms interchangeably, but Texas law recognizes several different types of court orders.
A protective order may be issued in cases involving family violence, stalking, sexual assault, abuse, or trafficking.
These orders can prohibit someone from:
Harris County explains that violating a protective order can lead to arrest and a criminal charge.
A magistrate may issue an emergency protection order after certain arrests involving family violence, stalking, sexual assault, or similar allegations. These orders are often imposed shortly after arrest and can restrict contact before the underlying criminal case is resolved.
A judge or magistrate may also impose conditions of bond that restrict contact with an alleged victim or prohibit someone from going to certain places. Violating certain bond conditions can also be prosecuted under Texas Penal Code § 25.07.
The answer depends on the exact wording of the order. Texas Penal Code § 25.07 covers several types of prohibited conduct.
A violation may occur if the order prohibits communication and you knowingly or intentionally contact the protected person.
This may include:
Some orders prohibit all communication, while others prohibit only threatening or harassing contact.
Read the actual order carefully.
An order may prohibit you from going to or near:
Going near one of those places can potentially violate the order even if you never speak to the protected person.
Texas law specifically prohibits certain threatening or harassing communications made in violation of a qualifying order.
A new act of family violence, assault, or stalking can create both:
Texas law allows prosecution under Section 25.07 and another applicable offense when the same conduct violates both laws.
Protective orders can restrict firearm possession.
Harris County specifically notes that protective orders may prohibit the respondent from having a gun or a license to carry. Violating that restriction can create serious additional legal issues.
The penalties for violating a protective order in Texas depend on what the person allegedly did, whether violence or a weapon was involved, and whether there are prior qualifying convictions. A first violation may be charged as a misdemeanor, but more serious conduct or a repeat offense can raise the charge to a felony.
A standard violation of Texas Penal Code § 25.07 is generally a Class A misdemeanor.
A Class A misdemeanor in Texas can expose a defendant to:
Certain violations can become a state jail felony.
For example, current Texas law can elevate a violation when the defendant violates certain qualifying orders while possessing a deadly weapon.
A violation can become a third-degree felony when:
A third-degree felony can carry substantially more serious prison exposure than a misdemeanor.
Yes.
Harris County states that a person who violates a protective order may be arrested and charged with a criminal offense.
The protected person does not control whether police make an arrest or whether prosecutors pursue the case.
Once law enforcement has evidence of a possible violation, the case may move forward independently.
Harris County notes that police can arrest someone for violating a temporary ex parte protective order after that person has been properly served with the order.
Potentially, in some cases.
Texas Code of Criminal Procedure Article 17.152 allows a judge or magistrate to deny bail in certain protective-order or family-violence bond-condition violation cases after the required hearing and findings.
A judge may consider:
Texas law also limits eligibility for personal bond for defendants charged under Texas Penal Code § 25.07 in certain circumstances.
This is one of the most important issues to understand.
If the protected person calls, texts, visits, or asks to reconcile, that does not automatically give you permission to violate the order.
Texas Penal Code § 25.07 specifically states that reconciliatory actions or agreements between the people affected by the order do not change the validity of the order or law enforcement’s duty to enforce it.
In simple terms:
Only the court can change the court order.
Suppose an order prohibits you from communicating with someone.
If that person texts you first and you respond, your response may still create a problem if the order prohibits communication. The safest course is generally to follow the order exactly until a judge changes it.
Accidental contact can be very different from intentionally violating an order.
Texas Penal Code § 25.07 generally requires that the prohibited conduct be committed knowingly or intentionally.
For example, unexpectedly seeing someone at a grocery store is different from deliberately going to a prohibited location knowing that person will be there.
If an accidental encounter occurs, leaving rather than initiating contact may become important. The specific language of the order and the facts of the encounter should be reviewed carefully.
Knowledge and notice can be important depending on the type of order.
For a temporary ex parte protective order, Texas law requires service before certain violations can be prosecuted under Section 25.07. Harris County similarly explains that police can arrest for a temporary protective-order violation after the respondent has been served.
The fact that you no longer have a physical copy of the order does not necessarily mean you can ignore it. If you know an order exists, obtain a copy and review the exact restrictions.
Possible defenses to a protective order violation depend on what the order actually prohibited, whether you knew about the order, whether the contact was intentional, and whether the State can reliably prove that you committed the alleged conduct.
In some cases, the dispute is about identity or notice; in others, it is about whether the conduct actually violated the order at all.
The accusation may be false or based on mistaken identity. Texts, phone records, location data, surveillance footage, witness testimony, or other evidence may contradict the allegation.
Some orders prohibit all communication. Others prohibit only specific types of contact. The wording matters.
An accidental encounter may not satisfy the mental-state requirement required for the charged offense.
In cases involving certain temporary orders, whether you were properly served may become an important issue.
Screenshots, social media messages, caller identification records, or third-party accusations may not always prove who actually made the contact.
A criminal defense attorney can examine whether the State can reliably connect the alleged violation to you.
Yes. Texas Penal Code § 25.072 creates a separate offense for repeated violations.
A person can face a repeated-violation charge when they engage in conduct constituting a Section 25.07 offense two or more times within a period of 12 months or less.
The offense is generally a third-degree felony.
Under current Texas law, it can become a second-degree felony in certain cases where at least one of the qualifying violations involved conduct punishable as a state jail felony. This makes repeated contact especially dangerous from a criminal-defense standpoint.
Yes. A protective order often exists because there is already a family violence, assault, stalking, or related criminal case pending.
You may now be defending:
The court may modify, revoke, or reconsider bond based on the alleged violation.
Even before a conviction for the new violation, prosecutors may view the allegation as evidence that stricter conditions are necessary.
If you are accused of violating a restraining order in Houston, LaVine Law Firm can review both the protective-order case and any related criminal charge. Call 713-965-7305 to discuss your situation.
If you are accused of violating a protective order, your next steps can affect both the new allegation and any related criminal case. Avoid further contact, preserve relevant evidence, review the exact terms of the order, and speak with a Houston criminal defense attorney before making statements about what happened.
Do not continue texting, calling, messaging, or visiting the protected person while the order remains in effect.
Preserve:
Do not delete messages simply because you think they look bad. They may provide important context.
Trying to persuade the other person to withdraw the allegation can create additional problems and may itself violate the order.
Your attorney needs to know exactly what conduct the order prohibited.
The defense may depend on notice, intent, identity, the precise language of the order, and the strength of the State’s evidence.
It can be. Many first violations are Class A misdemeanors, but certain circumstances can elevate the charge to a state jail felony or third-degree felony.
Do not assume you can. If the order prohibits communication, their decision to contact you does not automatically authorize you to respond.
No. The protected person cannot simply cancel a court order privately. The court must modify or terminate it.
Accidental contact may raise different issues from intentional contact. Whether a crime occurred depends on the order and the facts, including whether the conduct was knowing or intentional.
Yes. Violation of a qualifying protective order is a criminal offense, and prosecution does not depend entirely on whether the protected person wants the case pursued.
So, what happens if you violate a restraining order in Houston, Texas? You may face immediate arrest, a new misdemeanor or felony charge, stricter bond conditions, and additional consequences in any related domestic violence or criminal case.
Do not assume that informal reconciliation, a text from the protected person, or a misunderstanding automatically makes the allegation disappear.
LaVine Law Firm represents people accused of violating protective orders, emergency protection orders, and criminal bond conditions throughout Houston and Harris County. We can review the order itself, examine the alleged contact, challenge unreliable evidence, and help you understand what happens next.
Call 713-965-7305 to discuss your case.
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