A protective order can change your life the moment it’s signed.
Where you can go, who you can speak to—even how you communicate with your own children—can be restricted immediately. And a single misunderstanding can turn into a new criminal charge.
These cases move fast, and violations are often based on how the situation is interpreted.
At the Law Offices of Richard C. McConathy, we defend clients across Dallas–Fort Worth accused of violating protective orders and understand how closely these cases are tied to underlying allegations. If you’re dealing with a situation like this, working with a Dallas Domestic Violence Lawyer can help you understand the limits of the order and protect your position early.
This guide explains the types of protective orders in Texas, what counts as a violation, how penalties scale, and the defenses that may apply.
Types of Protective Orders in Texas
Texas uses several different protective orders, and the exact restrictions depend on which one was issued:
- Temporary Ex Parte Protective Order: Issued under Texas Family Code Chapter 83, often the same day a petition is filed and before the respondent has a chance to be heard. Usually lasts up to 20 days.
- Final Protective Order: Issued under Texas Family Code Chapter 85 after a hearing. Typically lasts up to 2 years, longer in some cases involving violence or weapons.
- Magistrate’s Order for Emergency Protection (MOEP): Issued under Texas Code of Criminal Procedure Article 17.292 at the time of bond setting in a family violence, sexual assault, stalking, or human trafficking case. Often lasts 31 to 91 days.
- Bond Conditions: Many courts impose no-contact or stay-away orders as conditions of bond, separate from a formal protective order.
Each type can include similar restrictions: avoiding the protected person, staying away from their home and workplace, surrendering firearms, and keeping a set distance.
What Counts as a Violation Under Penal Code § 25.07
Texas Penal Code § 25.07 makes it a crime to knowingly or intentionally violate a protective order, MOEP, or related order. Conduct that may constitute a violation includes:
- Direct contact with the protected person
- Communicating in a threatening or harassing manner with the protected person
- Going to or near the residence, school, or workplace of the protected person
- Possessing a firearm in violation of the order
- Removing, attempting to remove, or interfering with a Global Positioning System (GPS) monitor
- Tracking the protected person using technology
Penalty levels generally start at a Class A misdemeanor and become a felony in defined situations.
Penalties for Violating a Protective Order
Penalties are tied to the conduct and the respondent’s history:
- Class A misdemeanor (default): Up to 1 year in jail and a fine up to $4,000.
- Third-degree felony: When the respondent has two or more previous convictions for violating a protective order, has previously violated the order under specified aggravating circumstances, or used violence in committing the violation. Punishable by 2 to 10 years in prison.
- Continuous Violation of a Protective Order under § 25.072: When a person violates the order two or more times within 12 months. Punishable as a third-degree felony, with all relevant violations charged together.
Even at the misdemeanor level, the conviction often complicates pending family violence cases, custody disputes, and bond conditions.
Common Misunderstandings That Lead to Charges
People accused of violating protective orders often run into the same problem patterns:
- The protected person initiated contact. Even if the alleged victim called or messaged first, replying may still violate the order. The order applies to the respondent regardless of who started the conversation.
- Third-party communication. Asking a relative or friend to deliver a message can be charged the same as direct contact.
- Brief, accidental presence. Showing up at a shared workplace or running into the protected person at a store can lead to allegations, even when the contact was unintended.
- Social media interaction. Likes, comments, and tags can be treated as contact under many orders.
- Children-related contact. Drop-offs, school events, and pickup arrangements need to be addressed in writing through counsel and the court.
These patterns are why “light” contact often becomes a felony case with little warning, sometimes leading to additional charges such as interference with a 911 call.
If you have an active protective order against you, speak with our attorneys before any communication, even seemingly innocent contact.
How the State Tries to Prove a Violation
Prosecutors usually rely on a few main types of evidence:
- Phone and message records, including texts, voicemails, and chat applications
- Social media records
- GPS monitor data when the order requires monitoring
- Surveillance and doorbell video
- Witness testimony, often from the protected person or a family member
Knowledge of the order is also an element of the offense. The state must show that the respondent knew the order existed and what it required.
Common Defenses
Each case is different, but common defense themes include:
- Lack of knowledge of the order: If the respondent had not been served and had no actual notice, the case may fail.
- No intentional or knowing conduct: Brief or unintentional contact may not satisfy the required mental state.
- Mistaken identity: Identifying the right person from screenshots or witness reports is not always reliable.
- Misinterpreted communication: A neutral message may not rise to threatening or harassing communication under the order.
- Constitutional issues: Improper interrogation, warrantless searches of phones, and unlawful arrests may lead to suppression.
- Necessity or emergency: Limited and narrowly defined situations may justify contact, such as immediate safety concerns involving a child.
A successful defense often requires a careful read of the actual order’s wording, since restrictions vary between cases.
Coordinating With Family Court and Custody
Many protective order cases run alongside divorce, custody, or family violence proceedings. Coordination matters:
- Family Code orders about possession and access to children must align with the protective order.
- Court-approved exchange points and third-party intermediaries are often the safest way to manage handoffs.
- Written communication only, through tools like a co-parenting application, may be authorized in some orders.
- Modification motions may be appropriate to clarify or adjust the order’s scope.
Our attorneys regularly coordinate the criminal defense with the family law strategy, especially in cases tied to divorce or custody disputes.
What to Do If You Are Accused of a Violation
If you have been accused or charged with violating a protective order:
- Do not contact the protected person, directly or through anyone else.
- Preserve communications and records that show the timing and content of any contact.
- Save voicemails, screenshots, and call logs, especially if the protected person initiated contact.
- Avoid social media discussion of the case.
- Speak with our attorneys immediately to coordinate the defense and any related family case.
The earlier the response, the more options remain to protect both the case and the family situation.
Why Choose the Law Offices of Richard C. McConathy
Our firm has more than 35 years of criminal defense experience in the Dallas–Fort Worth region. We have defended clients accused of violating protective orders, family violence assault, and related offenses across 16 counties in North Texas. We work to protect both the criminal record and the family relationships involved.
To discuss a protective order case, contact our Criminal Defense Lawyer Dallas or reach our team through our contact page.
Frequently Asked Questions
Is violating a protective order a felony in Texas?
It can be. The default offense is a Class A misdemeanor, but it becomes a third-degree felony in certain circumstances, such as two or more prior violation convictions or violations involving violence. Continuous violation under § 25.072 is also a third-degree felony.
Does it count as a violation if the protected person contacted me first?
Often, yes. The order applies to the respondent regardless of who initiated the contact. Replying or meeting after a contact from the alleged victim can still be charged. Any communication should go through counsel.
What if I went to a restricted location by accident?
The state must show that the respondent acted intentionally or knowingly. Truly accidental contact may support a defense. However, repeated “accidents” usually do not.
Can I see my children if there is a protective order?
It depends on the order. Many orders allow exchanges in specific ways, such as through a third party or at a designated location. Family court orders should align with the protective order. Our attorneys can clarify what the order allows.
How long does a protective order last in Texas?
Temporary ex parte orders generally last up to 20 days. Final protective orders typically last up to 2 years, with longer terms available in some cases. MOEPs typically last 31 to 91 days.