Texas violation of protective order — Penal Code § 25.07

Texas violation of protective order is a criminal offense under Penal Code § 25.07. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

The controlling statute

Texas Penal Code § 25.07 makes it a crime to violate a protective order issued under Family Code Chapter 85, magistrate's order under CCP Art. 17.292, or stalking protective order under CCP Art. 7B. Even contact specifically invited by the protected party can support prosecution because the order — not the complainant — controls. Convictions trigger federal firearm prohibition under 18 U.S.C. § 922(g)(8).

Classification & punishment range

Elements the State must prove

To convict on a Texas § 25.07 charge, the State must prove every element beyond a reasonable doubt:

1. A valid protective order or magistrate's order was in effect at the time of the alleged conduct
2. Defendant had notice of the order's terms — actual or constructive
3. Defendant committed an act prohibited by the order — communication, proximity, possession of firearms, etc.
4. Defendant acted knowingly or recklessly with respect to the order's prohibitions

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Violation of Protective Order case:

• No valid order — the order was facially defective, expired, or not properly served under Family Code § 85.041
• Lack of notice — defendant did not receive actual or constructive notice of the order's terms
• No prohibited contact — communication or proximity fell within order's exceptions
• Constitutionality challenge to the underlying order as overbroad or unsupported by Family Code § 85.001 findings
• Mistaken identity — challenge whose conduct triggered the alleged violation
• Necessity defense under § 9.22 in narrow circumstances involving child safety or emergency

Enhancements & collateral consequences

Section 25.07(g) elevates to a 3rd-degree felony when the defendant has two prior § 25.07 convictions or commits the violation by act constituting assault or stalking, or while possessing a firearm. Family-violence findings under CCP Art. 42.013 trigger federal firearm prohibition under 18 U.S.C. § 922(g)(8). Repeat orders justify aggravating findings at probation revocation.