Violation of Protective Orders
Accused of Violating a Court Order?
Call 979-265-6800 for Answers to Your Questions.
When an individual is accused of violating a protective order it’s a serious offense because not only does the ordered party poses a threat to the protected party, it also means that the perpetrator violated the direct orders of a judge. If a person is believed to be in violation of a restraining order, it can result in an immediate arrest by law enforcement and new criminal charges.
First time offenders will be charged with a misdemeanor but more severe charges and penalties could be applied which are mainly contingent on the circumstances of the incident, the criminal history of the offender, and the factors of the original case which garnered the protective order.
If an individual was accused of a violating a restraining order, police aren’t required to have a warrant for arrest and can determine if the restraining order was violated from evidence as questionable as witness statements. Furthermore, the judge who ordered the restraining order can hold the defendant without bail, indefinitely or as long as the court believes the defendant to be a threat to the person who was under the court’s protection.
If you’re facing a situation in which you could be held accountable for a protective order violation, or if you know someone who is, my office can help. I’m Attorney Sandra J. Oballe, an experienced Texas criminal justice lawyer. To contact my office call me directly at 979-265-6800 or send me a discreet message using the contact form.
The State of Texas & Restraining Orders
In the aftermath of cases involving stalking, assault, or domestic violence, a Brazoria County court may issue a restraining or protective order for the purpose of providing some comfort to the alleged victim. It’s also common for victims of domestic violence to petition the court for a protective order if they feel threatened.
Restraining orders can be tailor-made to fit any situation and may include directives as minimal as not making verbal threats to ordering an individual to cease contact or to remain a specific distance away from the protected party. Some protective orders require the ordered party to relinquish their firearms and can even take affect after a person is released from jail. Also, a judge can keep a restraining order in place for an indefinite period time.
A restraining order can be violated if the ordered party is accused of making threats or by even a minimal violation of the terms of the order during seemingly innocent coincidences such as being in the same grocery store or at the same sporting event or concert. Even if the husband and wife intend to reconcile, but are barred from contact by an active restraining order, the police can move in an initiate an arrest if the protective order is or was violated.
Criminal Penalties & Protective Order Violations
Individuals who are accused of violating a protective order, who are subsequently found guilty, will be punished under Class A Misdemeanor guidelines which include up to 1 year county jail time and a fine of up to $4,000.00. Habitual offenders will be charged with a 3rd Degree Felony which carries to a 2-to-10 year sentencing guideline and a fine up to $10,000.00.
Accused of Violating a Protective Order?
Call My Office As Soon As Possible For The Help You’ll Need
I’m Sandra Oballe, a criminal justice lawyer based in Angleton, TX who takes on cases in Alvin, Pearland, Brazoria and in Houston, Harris County, TX. If you’re being accused of a violating a restraining order, you can possibly avoid jail on a first offense. However, evidence permitting, it may prove to be the best option to contest the allegations and fight back against the charge. Regardless of your intention, guilt or innocence, my office has the skills and experience you’ll need in your corner to ensure that you’re well represented.
If you’re ready to schedule a meeting to review your case or if you would like to partake in a brief phone consultation to go over your case, call me at 979-265-6800 or message me using the contact form.