The Violation of Protective Order when in conjucntion with a prior or pending Domestic Assault, Family Assault, or Family Violence case, is a serious offense. In Travis County it means a warrant or arrest, and may cause an existing Personal Bond for the assault case to be canceled. Judges in Travis County are recluctant to release the accused after a Violation of Protective Order.
Violation of Protective Orders are commonly Class A Misdemeanors, depending on the conduct. If there is an Assault or Stalking that occurs during the Violation of Protective Order, then it's a 3rd Degree Felony (plus a new assault or stalking offense). Sometimes a phone call or text message will trigger a new charge of Violation of Protective Order. Even if the other party (the alleged victim) initiates contact, the mere response is a violation.
Protective Order lengths vary, but if it's longer than 90 days, there has to be a hearing before a Judge. The hearing is not a criminal trial, but instead the Judge must agree that "more likely than not" domestic assault has occurred." If so, then a Protective Order can last years.
Violation of Protective Orders are governed by a large number of different statues, including those in the penal code, the family code, and civil statutes. Depending on which type of Protective Order is present, and how it was served on the other party, there may be a variety of defenses available.
The Keates Law Firm has over 14+ Years Experience handling criminal defense cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.
"We went to trial on the charges, twice. First was a mistrial based on juror misconduct. Then, at the second trial, prosecutors dismissed the case on the 2nd day of jury trial. My best decision was hiring Robert Keates." -Michael L.
"Prosecutors wanted probation the entire time, but we held out and set the case for trial. They dismissed on the morning before trial was to start. I trusted Robert and the right outcome happened. Robert was dedicated and knew what to do, and when." -Louie C.
Violation of Protective Order cases can be either Misdemeanors or Felonys. Violation of Protective Order offenses can often lead to jail time and a temporary or permanant loss of parental rights. There may also be a loss of Firearm Rights, and individuals on Probation will need to surrender all registered (and unregistered) firearms.
|Level of Offense||Punishment|
|Class C Misdemeanor||Not Applicable|
|Class B Misdemeanor||Not Applicable|
|Class A Misdemeanor||Not more than 1 year in a county jail, and/or no more than $4,000 fines|
|State jail felony||Not Applicable|
|3rd Degree Felony||2-10 Years in Prison, and/or no more than $10,000 fines|
Call for a Free Consultation