What Happens If You Violate a Restraining Order?

Domestic disputes, stalking or threats of violence give rise to these orders. A restraining order is intended to maintain the peace and to give protection, however, a violation of the terms of such can result in very severe legal consequences. We’ll break down what, exactly, happens when someone violates a restraining order, what penalties they’ll face, and how to handle these situations in this post.

If you or a loved one, a family member or friend is going through charges concerning restraining order violations, then you should contact the Law Office of Rolando Cantu. If you believe that you may need a criminal lawyer in McAllen, then their skilled McAllen criminal lawyers will walk you through the legal process and protect your rights.

• Understanding Restraining Orders
  
• What Happens If You Violate a Restraining Order?
  
• Legal Penalties for Violating a Restraining Order
  
• Class A Misdemeanor
  
• Felony Charges
  
• Common Defenses Against Restraining Order Violations
  
• How Restraining Orders Work in Texas
  
• Temporary Ex Parte Orders
  
• Magistrate’s Protective Orders
  
• General Protective Orders
  
• Steps to Take If You’ve Been Served with a Restraining Order
  
• Conclusion

Understanding Restraining Orders

Restraining orders place very clear boundaries between the respondent (the individual that you accuse of doing bad things) and the petitioner. The terms of these orders can include prohibitions on:

• Physical or electronic communication.
• Visiting certain places, like the petitioner’s home or workplace.
• Possessing firearms.
• Interfering with pets or property.

While the goal of a restraining order is to ensure safety, emotions often run high in these cases, making violations more common than you might think. Knowing what constitutes a violation and the potential outcomes is key to avoiding further complications.

You might be interested: What Can I Do If Someone Makes False Allegations Against Me?

What Happens If You Violate a Restraining Order?

Even a minor unintentional violation of a restraining order is against the law and a crime. The court recognizes these violations and takes these violations seriously for the sake of preserving the court’s orders and protecting those under its protection. Here are some common scenarios that may lead to a violation:

• Direct Communication: Sending a text, making a phone call, or reaching out on social media.
  
• Prohibited Proximity: Showing up at restricted locations, like the petitioner’s home, school, or workplace.
  
• Physical Contact: Engaging in any form of physical contact, even if consensual.
  
• Threatening Behavior: Issuing threats through a third party or any medium.

Regardless of intent, violating a restraining order can result in significant legal consequences.

Legal Penalties for Violating a Restraining Order

The penalties for violating a restraining order depend on the circumstances, including the nature of the violation and whether the respondent has previous convictions. Here are the typical outcomes:

Class A Misdemeanor

Most restraining order violations are charged as a Class A misdemeanor. Penalties include:

• Up to 1 year in county jail.
  
• Fines of up to $4,000.

Felony Charges

Under certain conditions, violations can escalate to felony charges, including:

• Third-Degree Felony: If the violation involves assault, stalking, or if the respondent has multiple prior violations. Penalties include 2 to 10 years in prison and fines up to $10,000.
• State Jail Felony: In cases involving violations tied to sexual abuse, trafficking, or indecency with a child, the respondent may face 180 days to 2 years in jail.

These severe penalties highlight the importance of adhering strictly to the terms of a restraining order.

You might want to read: If Charges Are Dropped, Is It Still on Your Record?

Common Defenses Against Restraining Order Violations

While restraining order violations are serious, there are defenses that can help reduce or dismiss charges. Here are some examples:

1. Lack of Knowledge: If the respondent was unaware of the restraining order, they might not be held accountable for a violation.
   
2. Unintentional Violation: For instance, accidental encounters in public spaces may not constitute a knowing violation.
   
3. Improper Service: If the restraining order was not properly delivered, it might not be enforceable.
4. The Petitioner Initiated Contact: In some cases, the petitioner may initiate contact with the respondent first, making it difficult to prove a violation.
   
5. False Allegations: If the respondent can provide evidence that the allegations are false or fabricated, it can help their defense.

Consulting an experienced criminal lawyer is essential to building a strong defense and navigating the complexities of these cases.

How Restraining Orders Work in Texas

The circumstances can dictate how you get restraining orders in Texas. The three main types include:

Temporary Ex Parte Orders

That's short term orders, meaning these are temporary restraining orders that don't require the respondent, that are usually good for 20 days. Such equipment is used in emergencies for providing immediate protection.

Magistrate’s Protective Orders

Emergency protective orders are commonly called out after an arrest from an act of domestic violence or assault. The average lasts from 31 to 91 days, but will depend on the severity of the offense.

General Protective Orders

After a court hearing, these long term orders are issued and can last for two years. Orders may be beyond this in cases involving severe violence or physical abuse.

Steps to Take If You’ve Been Served with a Restraining Order

If you’ve been served with a restraining order, follow these steps to avoid escalating the situation:

1. Do Not Contact the Petitioner: If you think the order is unfair or unnecessary, reaching out can actually worsen your case.
2. Read the Order Carefully: Know all the restrains and what is forbidden from doing.
3. Attend the Hearing: A qualified attorney can help you to present your case in court.



Comply with All Terms: Applying to the order’s terms in good faith also seals the order’s preventive function and helps stay away from criminal charges

Conclusion

Violating a restraining order carries a big legal penalty. If the violation was intentional or accidental, the penalties can range from a fine, to jail time, and even to felony charges. If you’ve been accused of violating a restraining order, do not delay in seeking legal advice.

Getting served with a restraining order violation can be terrifying, but the Law Office of Rolando Cantu is here to help. You can rely on their team of McAllen criminal lawyers to work hard to protect your right in accordance with Texas law. Assisting whether you're dealing with an initial restraining order or violations of the order, they can guide you and get where you need to be.

For help resolving your case, call today and schedule a free consultation.

If you need representation by an expert, contact the Law Office of Rolando Cantu in McAllen. Their experienced criminal lawyers will be by your side, no matter how hard your village is, your readiness to fight against the court and to ensure your voice is heard and your rights are upheld. Protect your future today. Don’t wait.