Violation Of Protective Order
In Houston, Harris County and surrounding portions of Texas, it is common practice for the prosecutor to ask courts to put protective orders — sometimes called restraining orders — in place when family violence or domestic violence assault charges have been filed. The orders typically require a spouse to stay away from his or her family for 60 to 90 days.
What Do Protective Orders Do?
Protective orders prohibit the subject of the order from:
- Committing an act of family violence
- Contacting the family members listed in the order
- Threatening the protected person
- Going near the home of the protected person (often the defendant’s home as well)
- Going near the protected person’s place of work
- Possessing a firearm
Once the order is in place, the protected person cannot decide to not enforce it or to drop the charges of family violence. Only a court can modify or remove a protective order.
Violating Protective Orders Can Lead To Additional Charges
The stress of being separated from loved ones for so long can wear on a person, though, and can drive even the most level-headed individuals to seek contact with his or her family in violation of the protective order. Do not fall into this trap: “Honey, come on home. I am sorry. I should never have called the police.” If you go home, you may go to jail for violating the protective order.
An allegation of violating a protective order is serious business. That is because if true, it is a violation of bond on the original underlying family violence assault charge and a separate distinct crime in and of itself.
Seek Experienced Counsel Immediately
If you have been accused of family violence, especially if you have been accused of violating a protective order, it is vital to seek the services of an experienced defense attorney who has a history of effectively resolving these high-stakes matters. I am R. Todd Bennett, a lawyer with more than 20 years of legal experience and extensive successes in family violence matters. I am board-certified in criminal law by the Texas Board of Legal Specialization and am solely focused on the field of criminal defense. My experience, concentrated approach and time-tested defense strategies allow me to put clients in the strongest position possible when they are accused of violating a protective order or other serious criminal offenses.