Penal Code · §25.07

Violation of a Protective Order

Q: Violation of a Protective Order under §25.07 (basic offense) is what level of offense?

Class A misdemeanor Violation of a Protective Order is a Class A misdemeanor. It is enhanced to a 3rd degree felony with two or more prior §25.07 convictions or if the violation involves an assault or stalking offense.

Q: A defendant is subject to a magistrate's order for emergency protection (MOEP). He goes to his wife's workplace, says nothing, but waits by her car. Charge?

Violation of a Protective Order — Class A misdemeanor Knowingly violating a MOEP by going near a protected workplace, communicating with a protected person, or otherwise disregarding its prohibitions is a Class A misdemeanor. No threat required.

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.

To prove this offense, the State must establish each of the following elements: 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.; Class A misdemeanor (default); 3rd degree felony with priors or assaultive/stalking violation.

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

Elements you must prove

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.
Class A misdemeanor (default); 3rd degree felony with priors or assaultive/stalking violation

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)

Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
2+ prior §25.07 convictions OR violation involves assault/stalking	3rd degree felony	§25.07(g)

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Worked examples

Worked example 1

Violation of a Protective Order under §25.07 (basic offense) is what level of offense?

Class C misdemeanor
Class B misdemeanor
Class A misdemeanor Correct
State jail felony

Why: Violation of a Protective Order is a Class A misdemeanor. It is enhanced to a 3rd degree felony with two or more prior §25.07 convictions or if the violation involves an assault or stalking offense.

Statute: Tex. Penal Code §25.07

Worked example 2

A defendant is subject to a magistrate's order for emergency protection (MOEP). He goes to his wife's workplace, says nothing, but waits by her car. Charge?

Trespass — Class B misdemeanor
Violation of a Protective Order — Class A misdemeanor Correct
Stalking — 3rd degree felony
No offense — he made no threat

Why: Knowingly violating a MOEP by going near a protected workplace, communicating with a protected person, or otherwise disregarding its prohibitions is a Class A misdemeanor. No threat required.

Statute: Tex. Penal Code §25.07