Family Code · §25.07

Violation of a Protective Order

Knowingly violates a court order — protective order issued under listed FV/sex-assault/stalking statutes, magistrate's order for emergency protection, etc. — by going near protected location, communicating with protected person, threatening, or other prohibited acts.

The base classification is Class A misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Knowingly violates a court order issued under specified statutes (FV, magistrate's order for emergency protection, etc.)
  • By going near a protected location, communicating with a protected person, threatening, etc.
Texas Law — Charge Details
Class A Misd. → 3rd Degree Felony
Offense
Violation of a Protective Order
Statute
Tex. Penal Code §25.07
Classification
Class A misdemeanor (default)

Knowingly violates a court order — protective order issued under listed FV/sex-assault/stalking statutes, magistrate's order for emergency protection, etc. — by going near protected location, communicating with protected person, threatening, or other prohibited acts.

Potential Penalty Enhancements
If this condition applies…Charge escalates to
2+ prior §25.07 convictions OR violation involves assault/stalking3rd degree felony

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Worked examples

Worked example 1

SCENARIO. An officer arrives at a domicile where a Family Code protective order is in effect. The respondent is sitting on the porch; the protected person is inside the house. May the officer arrest the respondent?

  1. No — must first see the respondent enter the house
  2. Yes — knowingly violating a protective order by going near the protected residence is a Class A misdemeanor; an officer who sees the violation must arrest without a warrant (art. 14.03(b)); verify the order is on file in TLETS / NCIC Correct
  3. No — civil orders are not enforceable
  4. Only the family-court bailiff may serve
Why: Violation of a protective order is a Class A misdemeanor (higher grades in §25.07(g)). A peace officer shall arrest without a warrant a person the officer has probable cause to believe committed a §25.07 offense in the officer's presence (art. 14.03(b)); for a violation not in the officer's presence, art. 14.03(a)(3) authorizes arrest. Confirm the order via TLETS/NCIC and document service.
Statute: Tex. Penal Code §25.07; Tex. Code Crim. Proc. art. 14.03
Worked example 2

SCENARIO. Officer responds to a residence at 11 PM. The wife has a final protective order against the husband; he is not allowed within 200 yards of the residence. The husband says she texted him to come over. What should the officer do?

  1. Take no action
  2. Determine current status of order; the protected person CANNOT 'consent' to violation — only the court can modify the order; if the order is in force and the husband is within the prohibited area, his presence violates §25.07 regardless of the wife's request; an in-presence violation requires arrest (art. 14.03(b)); document Correct
  3. Tell them to call later
  4. Make him sleep on the porch
Why: A protected party cannot 'invite' a respondent into the protected area to override a court order — only the court can modify. Violation is a Class A misdemeanor (3rd degree felony with aggravators); arrest and document; let the parties seek modification through the family court. Grading: Class A misdemeanor; state jail felony in the cases in §25.07(g)(1) (e.g. violating the order while possessing a deadly weapon); third-degree felony with two or more qualifying prior convictions or if the order is violated by committing an assault or stalking (§25.07(g)(2)).
Statute: Tex. Penal Code §25.07; Tex. Fam. Code §85.001
Worked example 3

Tex. Penal Code §25.07(a)(2)(A)–(B) further criminalizes communicating with a protected person in:

  1. Only direct phone calls
  2. Communicating directly with a protected person in a threatening or harassing manner, or communicating a threat through any person (and, if the order bars all contact, communicating in any manner except through an attorney or court-appointed person) Correct
  3. Only by mail
  4. Only via social media
Why: §25.07(a)(2) covers communicating (A) directly with a protected individual or a family or household member in a threatening or harassing manner, (B) a threat through any person to them, or (C) in any manner with them except through the person's attorney or a court-appointed person, if the order prohibits any communication. The 'reasonably likely to harass, annoy, alarm…' wording belongs to the harassment statute (§42.07), not §25.07.
Statute: Tex. Penal Code §25.07(a)(2)