Texas violation of protective order involving stalking
Texas violation of protective order involving stalking is a criminal offense under Penal Code § 25.072. 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.
Classification: 3rd-degree felony
Punishment range: 2 to 10 years in TDCJ and up to $10,000 fine under § 12.34; community supervision available but disfavored in repeat or assault-linked cases; federal firearm prohibition under 18 U.S.C. § 922(g)(8) applies
The controlling statute
Texas Penal Code § 25.072 is the felony-grade companion to § 25.07, criminalizing repeated violations of protective orders or magistrate's orders when the conduct also constitutes stalking under § 42.072. Two or more § 25.07 violations within 12 months can trigger § 25.072, which raises the punishment range to 3rd-degree felony status without requiring the State to prove a separate stalking conviction.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 25.072 |
| Cluster | Violent Crimes |
| Classification | 3rd-degree felony |
| Range | 2 to 10 years in TDCJ and up to $10,000 fine under § 12.34; community supervision available but disfavored in repeat or assault-linked cases; federal firearm prohibition under 18 U.S.C. § 922(g)(8) applies |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 25.072 charge, the State must prove every element beyond a reasonable doubt:
- A valid protective order or magistrate's order was in effect
- Defendant engaged in conduct prohibited by the order on two or more occasions
- All conduct occurred within a 12-month period
- Conduct on each occasion would, on its own, satisfy § 25.07
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Violation of Protective Order Involving Stalking case:
- Invalid underlying order — facial defects in issuing court's findings under Family Code § 85.001
- Lack of notice of the order's terms — challenge service under Family Code § 85.041
- Insufficient repetition — fewer than two qualifying occasions within the 12-month window
- Single course of conduct argument — multiple acts during one incident count as one occasion under In re E.G.
- First Amendment challenge to underlying order as overbroad restriction on protected speech
- Suppression of digital evidence obtained without warrant under CCP Art. 18.02
Enhancements & collateral consequences
Section 25.072 is a 3rd-degree felony, but related charges can stack: assault during the violations supports separate § 22.01 prosecution; firearm possession during the violation period adds § 46.04(c) charges. Federal stalking under 18 U.S.C. § 2261A may be pursued in parallel. Stalking protective order extensions under CCP Art. 7B-101 frequently follow conviction.
Key Legal Terms
- Course of Conduct (§ 42.072)
- Pattern of conduct composed of two or more acts directed at a specific person evidencing a continuity of purpose under Texas stalking law.
- Twelve-Month Window (§ 25.072(a))
- Statutory period within which two or more qualifying § 25.07 violations must occur to elevate the offense to a 3rd-degree felony under § 25.072.
- Stalking (§ 42.072)
- Repeated conduct directed at a specific person that the actor knows or reasonably should know would cause the victim to fear bodily injury, death, property damage, or feel harassed or alarmed.
Frequently Asked Questions
How is § 25.072 different from § 25.07?
Do the two violations have to result in separate convictions?
Can text messages alone support § 25.072?
Does § 25.072 trigger registration?
Is community supervision available for § 25.072?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Violation of Protective Order Involving Stalking? Talk to L and L Law Group.
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