Violation of Protective Order or Magistrate's Order

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

It is a class A misdemeanor, while subject to a restraining order, knowingly or intentionally to commit violence against one's family, or to communicate directly with a member of the protected family to harass, threaten them, or to violate the physical boundaries set forth in the protective order, or to possess a firearm. A third offense, or an assaultive communication is a third degree felony.

Statute(s)

§ 25.07. VIOLATION OF PROTECTIVE ORDER OR MAGISTRATE'S ORDER.

Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 66, § 2

(a) A person commits an offense if, in violation of an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:

(1) commits family violence or an act in furtherance of an offense under Section 22.011, 22.021, or 42.072;

(2) communicates:

(A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;

(B) a threat through any person to a protected individual or a member of the family or household; or

(C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the order prohibits any communication with a protected individual or a member of the family or household;

(3) goes to or near any of the following places as specifically described in the order:

(A) the residence or place of employment or business of a protected individual or a member of the family or household; or

(B) any child care facility, residence, or school where a child protected by the order normally resides or attends; or

(4) possesses a firearm.

(b) For the purposes of this section:

(1) "Family violence," " family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.

(2) "Firearm" has the meaning assigned by Chapter 46.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

(d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.

(e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.

(f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.

Text of subsection effective until approval by the voters of H.J.R. 6, 80th Leg., R.S.

(g) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault or the offense of stalking, in which event the offense is a third degree felony.

Added by Acts 1983, 68th Leg., p. 4049, ch. 631, § 3, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 583, § 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 170, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 677, § 8, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 614, § 23 to 26, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 739, § 4 to 7, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 366, § 2, eff. Sept. 1, 1991. Renumbered from § 25.08 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 658, § 2, 3, eff. June 14, 1995; Acts 1995, 74th Leg., ch. 660, § 1, 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1024, § 23, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, § 2, eff. Jan. 28, 1997; Acts 1997, 75th Leg., ch. 1193, § 21, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 15.02(c), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 23, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 134, § 1, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 66, § 2, eff. May 11, 2007. Acts 2007, 80th Leg., R.S., Ch. 1113, § 1, eff. January 1, 2008. Text of section effective on approval by the voters of H.J.R. 6, 80th Leg., R.S.