Violating a Restraining Order Texas — Penal Code §25.07 Charges
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Table of Contents
Texas Penal Code §25.07 framework
Elements:
- Person subject to protective order, magistrate's order, or condition of bond
- Knowingly or intentionally
- Commits act prohibited by order
Penalties:
- Class A misdemeanor. First violation typically — up to 1 year county jail; $4,000 fine
- Third-degree felony. When violation involves: family violence assault, sexual assault, or with prior §25.07 conviction — 2-10 years; $10,000 fine
- Second-degree felony. With two or more prior convictions for §25.07 — 2-20 years; $10,000 fine
Common violation patterns
- Contact violations. Direct or indirect contact with protected person
- Physical proximity violations. Coming within restricted distance
- Residence violations. Going to protected person's home
- Workplace violations. Going to or near workplace
- School violations. When children involved
- Third-party contact. Through mutual friends or family
- Social media interaction. Likes, comments, messages
- Phone contact. Calls, voicemails, texts
- Email contact
- Mail or notes
- Driving past restricted locations
- Encountering protected person publicly without leaving immediately
- Threats to harm
- Family violence assault during violation
- Firearm possession. When order prohibits
Common defenses
- Lack of knowledge of order. Must have been served and aware
- Unintentional encounter. Public meeting; left immediately
- Mistake of fact. Sometimes
- Inability to comply. Coercion or emergency
- Order misinterpretation. Specific language ambiguity
- False allegations of violation. Sometimes occurs
- Order improperly issued. Procedural challenges
- No qualifying order. Sometimes order isn't valid
- Constitutional challenges. In some contexts
What's NOT a defense:
- Protected person initiated contact
- Protected person consented to contact
- Order seemed too restrictive
- Reconciliation between parties
- Time elapsed
- Lack of harm caused
- Good faith belief order ended
Federal firearm prohibition violation
Beyond Texas §25.07, federal 18 USC §922(g)(8):
- Federal felony for firearm possession during protective order
- Up to 10 years federal prison
- $250,000 fine maximum
- Federal prosecution sometimes parallel
- State and federal prosecutions can both occur
- Particularly serious — federal firearm charges have substantial collateral consequences
- Restoration of rights difficult
Strategic considerations for violations
- Engage criminal defense attorney immediately
- Don't make statements without counsel
- Document context of alleged violation
- Identify witnesses
- Preserve digital evidence
- Comply with subsequent orders strictly
- Plan for bail conditions parallel to existing order
- Coordinate with family law if related custody case
- Consider plea options carefully. Convictions can enhance future charges
- Address underlying conduct. Anger management, substance abuse if applicable
Texas Penalty Group 1 Charges by Weight
Texas Health & Safety Code § 481.115 charges escalate by weight:
| Weight | Offense | Range | Fine |
|---|---|---|---|
| Under 1 g | State jail felony | 180 days-2 years state jail | $10,000 |
| 1-4 g | 3rd degree felony | 2-10 years TDCJ | $10,000 |
| 4-200 g | 2nd degree felony | 2-20 years TDCJ | $10,000 |
| 200-400 g | 1st degree felony | 5-99 years/life TDCJ | $100,000 |
| 400 g+ | Enhanced 1st degree | 10-99 years/life TDCJ | $100,000 |
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
What's the penalty for violating a Texas protective order?
Texas Penal Code §25.07: Class A misdemeanor typical (up to 1 year jail, $4,000 fine). Third-degree felony when violation involves family violence assault, sexual assault, or with prior §25.07 conviction (2-10 years). Second-degree felony with multiple prior convictions (2-20 years).
Can I be charged for violation if my ex contacted me?
Yes — protected person's initiation of contact is NOT a defense to violation charges. Respondent must maintain compliance regardless of protected person's conduct. Documentation important if accused; encounter must be ended immediately by respondent.
Is texting a Texas protective order violation?
Almost certainly yes — most protective orders prohibit "communication of any kind" including texts. Violation prosecutable under Penal Code §25.07. Even responding to protected person's text constitutes violation. Strict compliance essential.
What's federal firearm prohibition for protective orders?
18 USC §922(g)(8) — federal felony to possess firearm while subject to qualifying protective order. Up to 10 years federal prison; $250,000 fine. Applies during entire protective order duration. State Texas §85.022(d) also requires surrender.
How do I defend against Texas protective order violation charge?
Lack of knowledge of order, unintentional encounter (left immediately), mistake of fact, order misinterpretation, false allegations, order improperly issued, no qualifying order, constitutional challenges. NOT defenses: protected person initiated, consented, reconciliation, time elapsed.
