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.
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.
| If this condition applies… | Charge escalates to |
|---|---|
| 2+ prior §25.07 convictions OR violation involves assault/stalking | 3rd degree felony |
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Worked examples
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?
- No — must first see the respondent enter the house
- 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
- No — civil orders are not enforceable
- Only the family-court bailiff may serve
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?
- Take no action
- 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
- Tell them to call later
- Make him sleep on the porch
Tex. Penal Code §25.07(a)(2)(A)–(B) further criminalizes communicating with a protected person in:
- Only direct phone calls
- 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
- Only by mail
- Only via social media