Violation of a Protective Order
Violations of a Protection Order
According to the General Manual of the San Antonio Police Department in Procedure 603, effective on July 1, 2012, officers with the San Antonio Police Department are trained to use standardize procedures in domestic violence cases and when investigating calls related to a family disturbance.
The procedure establishes guidelines for the proper handling of protective orders and conditions of bond, from their entry into the computer system to the disposition of violations through reports and arrests. These procedures are used when the officers determine that a violation of a protective order has occurred during the investigation of a family disturbance.
Attorney for Violations of a Protection Order in San Antonio, TX
If you are accused of violating a protective order or the conditions of bond in a domestic violence case, then contact an experienced criminal defense attorney in San Antonio, TX. Don Flanary is experienced in representing both men and women charged with domestic violence after a family disturbance in Bexar County.
Don Flanary also represents clients charged with domestic violence and violation of an order of protection in the greater San Antonio area including the surrounding counties of Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
Violations of a Protective Order in Texas
A person commits a Class A misdemeanor if, in violation of a protective order or magistrate’s order for emergency protection or temporary protective order, he knowingly or intentionally:
- Communicates with the alleged victim:
- Directly with the alleged victim or a member of the family or household in a threatening or harassing manner;
- A threat through any person to the alleged victim or member of the family or household; or
- In any manner with the alleged victim or member of the family or household except through the person’s attorney or a person appointed by the court, if the order prohibits any communication with a member of the family or household;
- Goes to or near any of the following places as specifically described in the protective order:
- The residence or place of employment or business of the alleged victim or a member of the victim’s family or household; or
- Any child care facility, residence, or school where a child protected by the protective order normally resides or attends;
- Commits family violence;
- Possesses a firearm; or
- Harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by the alleged victim protected by the order.
Texas law makes it a Third Degree Felony to violate a protective order, order for emergency protection or temporary order if:
- The defendant has previously been convicted under Chapter 25.07 two or more times or;
- Has violated the order or conditions bond by committing an assault or the offense of stalking.
Definitions Related to Violations of a Protection Order
Under Texas Penal Code, Section 25.07 for Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case, officers in Texas are authorized to arrest of an individual in violation of a Protective Order, Magistrate’s Order for Emergency Protection, a Temporary Protective Order, Condition of Bond in a Family Violence Case or Violation of a Protection Order issued in this or another jurisdiction.
Temporary Protective Order
- A temporary order is entered by a court when the court finds from the information contained in an application for protective order there is a clear and present danger of family violence.
- Without notice to the respondent, the court can enter a temporary order which is also known as a “Temporary Ex-Parte Order.” Temporary protective orders must have been served on the respondent in order to be enforceable as a violation of Penal Code 25.07.
- A temporary order is valid for the period specified in the order, but does not exceed twenty (20) days.
- In some cases, the court can extend the temporary order for an additional twenty (20) day period. Temporary Orders are entered into the Police Protective Order System (PPOS) by the Bexar County District Clerk’s Office.
Magistrate’s Order For Emergency Protection
- After a person has arrested for an offense of family violence, sexual assault, aggravated sexual assault or stalking, a magistrate will enter an emergency order that prohibits the defendant from stalking, committing further acts of family violence, having harassing or threatening contact or going near the alleged victim’s residence, place of employment, child care facility, school.
- A magistrate’s order for emergency protection is valid as soon as it is issued and it typically remains in effect until the sixty-first (61st) day after it is issued.
- Prior to the expiration of the magistrate’s order for emergency protection, an additional protective order may be requested.
- Magistrate’s Orders For Emergency Protection are entered into the Magistrate Computer System (MAGS) by the Magistrate’s Office.
- Under Family Code 88.002, Family Code 85.001, after it is alleged that an act of family violence has occurred, a protective order can be issued by the court directing the a person not to be in physical proximity to the alleged victim or to engage in violent or threatening acts against, harassing, contacting or communicating with the victim.
- A protective order is valid for two (2) years from the date the original order was granted by the court.
- Protective Orders are entered into the Police Protective Order System (PPOS) by the Bexar County District Clerk’s Office.
Conditions of Bond
- In a family violence case, the court or magistrate is permitted to set certain conditions of bond related to the set in a family violence case related to the safety of the alleged victim.
- A court order or a condition of bond is valid until the case is resolve or the court order or condition of bond is rescinded by the court.
Finding an Attorney for Violations of a Protective Order in Bexar County
If you are arrested for having violated a protective order, order for emergency protection or temporary order under Chapter 25.07 of the Texas Penal Code, then contact an experienced criminal defense attorney in San Antonio, TX, to discuss your case. Don Flanary represents clients charged with violating a protective order and related offenses related to the use or possession of a weapon, an assault, and threats of bodily injury.
It is important to keep in mind that reconciliatory actions or agreements made by the alleged victim do not affect the validity of the order or the duty of a peace officer to enforce a violation of Chapter 25.07 of the Texas Penal Code. If you are the subject of a protective order, never violate any provision in the order.
If you believe the alleged victim wants the order dismissed or modified, then contact an experienced criminal defense attorney. Any violation of the order will result in an arrest, even if the arrest or prosecution is against the wishes of the alleged victim.
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Donald H. Flanary III
“I see our duty as more than just counselors and advocates, but as warriors.”