Houston Protective Order Violations Attorney

A Houston protective order violations attorney knows that a single accusation can upend your life. At LaVine Law Firm, we defend people accused of violating protective orders in Houston. These charges carry serious consequences, including arrest, jail time, and a lasting criminal record. Call us now at 713-489-7734 for immediate help.

We understand how overwhelming these allegations can feel. Family violence and domestic violence accusations often lead to protective order violations. An alleged victim may claim you ignored the court’s rules. You need a lawyer who will act fast to protect your person and future.

How LaVine Law Firm Can Help With a Protective Order Violation in Houston

At LaVine Law Firm, we focus on criminal defense across the Houston area and Harris County. Our law office provides aggressive representation for anyone accused of violating protective orders. We fight to keep you out of jail and protect your family relationships.

Our defense attorney team:

  • Reviews every term of the protective order in Houston.
  • Investigate whether you had proper notice of the court order.
  • Challenges include weak evidence, such as unreliable witness statements or vague medical records.
  • Represents you at every court hearing in family court or criminal proceedings.
  • Seeks dismissal or reduction of criminal charges.

We bring extensive experience to each case. Our legal specialization and board-certified status (through the Texas Board of Legal Specialization) set us apart. We also understand criminal procedure and how to present your side to a judge.

Overview of Protective Orders and Family Violence Cases in Texas

Protective orders are civil tools designed to protect people from harm. Under Texas law, a family violence protective order may arise after domestic violence, sexual assault, or stalking. The order can prohibit physical contact, communication, and proximity to a protected person or to that person's family.

A restraining order differs from a protective order, but both carry serious weight. Texas Penal Code Section 25.07 specifically governs violating protective orders. TexasLawHelp explains that a protective order protects someone from a person who has been violent. It may also protect family members and prohibit them from going near certain places.

Proactive Order Violation Charges Can Be serious 
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Emergency Protective Orders, Ex Parte Orders, and Final Protective Orders

Texas uses three main types: emergency protective order, temporary ex parte orders, and permanent protective order. An emergency protective order provides short-term protection after an arrest. Temporary ex parte orders (or temporary restraining orders) are granted without the accused present.

A temporary protective order lasts until a protective order hearing. The judge decides whether the threat continues. If yes, the court may issue a final protective order (also called a permanent order) lasting up to two years. Violating any of these court orders can lead to a Houston violation charge.

What Counts as a Houston Violation of a Protective Order?

A Houston violation of protective orders includes many actions under the Texas Penal Code § 25.07. Common examples:

  • Any contact with the protected person, such as calling, texting, or emailing.
  • Asking family members or friends to pass a message (third-party contact).
  • Showing up at the protected person’s home, work, or school.
  • Threats, harassment, or indecent assault.
  • Possessing a firearm when prohibited.

Even a single act of physical contact or proximity may trigger an arrest. The prosecution must prove you acted “knowingly or intentionally.” We challenge witness statements and other evidence to defend you.

What Are the Penalties for Protective Order Violations in Houston, Texas?

Penalties depend on your circumstances and criminal history. A first violation is usually a Class A misdemeanor. That act can result in up to 1 year in county jail and fines of up to $4,000. However, if the violation involves sexual assault, indecent assault, or stalking, it becomes a third-degree felony.

A third-degree felony carries a sentence of two to ten years in prison. The Houston Chronicle reported that Harris County domestic violence killings rose from 35 in 2023 to 47 in 2024, a 34% increase. This explains why prosecutors treat domestic violence cases so seriously. You need a criminal defense attorney who understands these stakes.

Other Consequences of a Protective Order Violation in Harris County

Beyond jail time and fines, violating protective orders affects your whole life. Criminal proceedings can complicate child custody or divorce cases in family court. The court order may restrict firearm possession and harm professional licenses.

Immigration status, employment, and reputation also suffer. The alleged offender often faces pressure to plead guilty. Even if the other party changes her mind, the prosecutor may continue. We help you avoid being found guilty and minimize damage.

How Can I Defend Myself Against a Protective Order Violation Charge?

Defenses depend on the exact court order language and your circumstances. A skilled defense attorney may raise several arguments:

  • You never received proper notice of the protective order.
  • You did not intentionally or knowingly commit the violation.
  • Mistaken identity – the wrong person was accused.
  • The alleged victim made false or exaggerated claims.
  • The protected person initiated the prohibited contact.
  • Your presence at a location was accidental and unavoidable.
  • The prosecution lacks sufficient evidence.
  • The protective order had expired or was unclear.

Do not violate the order again while building your defense. Any additional act will hurt your case. Contact us for a confidential consultation to review your options.

What Happens at a Protective Order Hearing or Criminal Court Hearing?

A protective order hearing is a civil proceeding in family court. The judge hears evidence and testimony from both sides. The court may extend the order or issue a final protective order if the threat continues.

A criminal court hearing for protective order violations follows different criminal procedure rules. The prosecutor must prove guilt beyond a reasonable doubt. We can present medical records, witness statements, and other evidence to challenge the case. LaVine Law Firm prepares you for questioning and courtroom expectations.

Frequently Asked Questions About Protective Order Violations in Houston

Can I be arrested for texting someone who has a protective order against me?

Yes. Even one text message is considered a contact and may lead to arrest.

What if the protected person contacted me first?

You can still be charged. The order prohibits contact regardless of who starts it.

Is violating a protective order a domestic violence charge?

Not automatically. But it often ties to domestic violence or family violence allegations.

Can a protective order violation become a felony in Texas?

Yes. It becomes a third-degree felony if it involves assault, stalking, or repeatedly violating protective orders.

Do I have to attend a protective order hearing in Harris County?

Yes, if properly notified. Missing it may result in default orders against you.

Should I hire a Houston protective order violations attorney?

Yes. An attorney can review temporary orders, challenge evidence, and protect your rights.

What is battering intervention?

A program is sometimes ordered for domestic violence offenders. Texas law defines a battering intervention program as educational services designed to help batterers stop abusive behavior. Violating a protective order may require enrollment.

Schedule a Case Evaluation With a Houston Protective Order Violations Lawyer

If you face accusations of violating protective orders, do not wait. The Texas Code treats these charges seriously, and the legal process can feel overwhelming for anyone, especially if the alleged protected person is a household member or a family member. A conviction may force you to spend time in jail, disrupt your job, and harm your relationships. Contact LaVine Law Firm today for a confidential consultation.

Call our Harris County office at 713-489-7734 to speak with a Houston protective order violations attorney. We defend people accused in cases involving family violence, domestic violence, and dating relationship conflicts. Our board-certified team meets the Texas Board of Legal Specialization standards. We have extensive experience in family court and criminal defense. Let us fight for your loved ones, your freedom, and your future.

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