locationLawyers in College Station and Waco representing cases across Texas
Call For A Case Evaluation (College Station)
phone (979) 406-5756
Call For A Case Evaluation (Waco)
phone (254) 781-3416

College Station Protective Orders Lawyer

A protective order is a court order issued to deter a person from contacting another individual to prevent abuse. The order states exactly how this contact is limited, and failing to comply with it can result in criminal charges.

You could face jail time when you violate a protective order. The State of Texas takes these violations extremely seriously. You need to work with a competent College Station protective orders lawyer to protect your rights and avoid an unfair penalty. Call our law office today to speak with an experienced domestic violence attorney.

How Protective Orders Work

When a person wants to seek an emergency protective order (also called a temporary ex parte order), they must file for it in court. They may apply for a temporary ex parte order, which provides short-term protection until a hearing for a permanent order can occur.

Emergency protective orders usually remain in effect for about 31 to 90 days. Meanwhile, standard protective orders often last up to two years. Protective orders can be issued in situations involving:

  • Family or domestic violence;
  • Sexual assault or abuse;
  • Stalking; or
  • Trafficking.

Each situation requires an investigation and an official decision from the court. If you disagree with the legal basis of the order, you have the right to an appeal. However, the timeline for filing such appeals is short. A skilled College Station protective orders attorney could help you with the appeals process.

Violating a Protective Order

Even if you disagree with the protective order, you must comply with its limitations until it is lifted. If you fail to comply, you could be facing criminal charges. Violating a restraining order usually involves:

  • Any direct or indirect communication, including phone calls, text messages, emails, or social media interactions;
  • Being within a prohibited distance (stated in the order) from the protected person, their home, or workplace;
  • Engaging in any form of threats or harassment towards the protected party;
  • Entering locations the order explicitly prohibits, such as the protected person’s residence or children’s school;
  • Using mutual acquaintances or family members to relay messages to the protected person; and
  • Ignoring child custody or visitation restrictions outlined in the restraining order.

Any of these violations can lead to criminal charges. As soon as you are charged, you need to contact a competent protective orders lawyer in College Station who can start working on your defense.

Penalties for Protective Order Violations

If you violate a protective order, you are likely to be charged with a Class A misdemeanor. A conviction could lead to a year in county jail or a fine of up to $4,000.

However, this Class A misdemeanor can turn into a state jail felony if the protected person was a victim of sexual abuse. Other circumstances that may result in felony charges are sexual assault, indecent assault, or stalking.

The penalty for a state jail felony is 180 days to two years in jail and a fine of up to $1,000. If you have a history of violating protective orders, you could be charged with a third-degree felony. A conviction can result in 10 years in jail and a fine of up to $10,000.

Consult a College Station Protective Orders Attorney Today

You could face jail time and high fines when you are charged with violating a protective order. To protect your rights and avoid severe penalties, you need to work with a knowledgeable College Station protective orders lawyer.

Get in touch with the Greening Law Group today to speak with a dedicated and reliable criminal defense attorney about your case.