If you are being accused of violating a protective order in Texas, even by doing something as seemingly harmless as sending a message or making a phone call, you could be facing jail or prison time, in addition to high fines. Prosecutors and courts take the violation of a protective order very seriously and will often punish alleged perpetrators to the full extent of the law.
When you are facing these charges, your future and freedom are at stake. You need experienced criminal defense lawyers who understand the complexities of these cases and the severe consequences that can follow a conviction. At MC Criminal Law, we have extensive knowledge of the intricacies of Texas law and a commitment to protecting your rights.
Our attorneys will work diligently to build a strong defense on your behalf. Whether you’ve been accused of a misunderstanding or a serious breach, our team is prepared to fight for the best possible outcome in your case. Contact us to explain the details so that we start preparing a defense.
After a divorce or child custody dispute, it is not uncommon for people to try to contact the party who asked for the protective order in an attempt to keep the family together. Social media posts that may not have been intended as direct communication with a protected party can also be construed as violations of a protective order. There are many other instances where misunderstandings and even false claims can lead to accusations of violations. However, even if they may seem minor, these actions are classified as a class A misdemeanor. If convicted, you could be facing up to a year in state jail and a fine of up to $4,000. Trying to explain the situation to the police on your own will not help you. Let us do it for you.
A violation of a protective order can be enhanced to a third-degree felony if the accused person has repeatedly violated a protective order, has had two or more convictions for violations, or if the order was violated by stalking or assault. A felony conviction of a protective order is a third-degree felony, which is punished by two to 10 years in prison and a fine of up to $10,000. A charge of a felony violation of a protective order is even more serious than a misdemeanor one, so the advice above is even more important – do not try to fight the charges on your own. We have experienced criminal defense lawyers who will do it for you.
A common misconception about protective orders is that they are irreversible – this is not true. Protective orders are made according to the specific circumstances of a case, and may even be based on false claims or misunderstandings. However, when an order is in place, only a judge may modify it. If the circumstances change or new evidence is brought forth, you can file a motion to modify a protective order and attempt to convince the judge to change it. These changes can range from changing the duration of a protective order to excluding something that is in it. This is a court process where everything needs to be done correctly and the evidence must be strong – we know how to motion for a modification of a protective order to increase the chances of success.
At MC Criminal Law, we worked as high-ranking officials at the Public Prosecutor’s Office in Dallas before we became criminal defense lawyers. We know how the police, prosecutors, and judges think and operate. Our knowledge of Texas’ legal system, combined with our understanding of the internal functioning of public officials allows us to craft and apply the best possible defense strategies. We will utilize all of these resources to defend you if you are accused of violating a protective order in Texas.
If you are served with a protective order, your first impulse may be to try to resolve the situation on your own. Do not attempt to do this. You should not:
The order can be contested through lawful channels. You will have a chance to tell your side of the story. Contact us today to tell us about your situation and we will advise you on the best course of action going forward.
This company is top notch, they really listen to you. They make sure you understand the process and keep you updated. Definitely would recommend to anyone looking for an attorney!
Call them! They definitely know what’s best for you and how to comfort their clients in a rough time.
Messina and Kendall at MC Criminal Law are my go-to attorneys for clients needing representation in criminal defense matters.
Kendall is very professional and an incredible lawyer. He and Liz helped me at every step in the process, resulting in dismissal in my case. If you need a lawyer for a criminal case, absolutely go with MC Criminal Law.
An excellent attorney to be engaged with for your peace of mind and trust for a positive outcome.
Excellent customer service…MC Criminal Law is a top-notch law firm. They really helped me through a tough time and fought to find the truth behind my case. They listened, stayed fair, and asked the right questions. I’m so glad they were on my side! They saw through the “red tape” and got my case dismissed.
This is the absolute best law firm I’ve ever experienced. They promised me results & I got EXACTLY THAT.
I had the privilege of being represented by Messina. This process was all new to my family and me, and I’m very glad to say she was able to give us the peace of mind that everything would okay. Happy to say my case was dismissed. I HIGHLY RECOMMEND Mrs. Madson and her team.
Jessica is truly a fighter. She’s honest about what she can do, passionate about her work, and she genuinely cares it’s not just about the money with her. If you or a loved one is facing any criminal situation, call Jessica. Trust her process. She will stand by you and fight for you.
I spoke with 2 other attorneys prior to hiring Kendall, and there was a big difference in how they handled their clients. Kendall guides you through the whole process. Liz does an amazing job at providing updates and helping you feel at ease. I recommend this law firm to anyone.
Although they are sometimes used interchangeably, a protective order and a restraining order are not the same in Texas. A protective order is linked to criminal cases and is a legal tool used to protect victims of violence, with violations leading to criminal charges. It typically restricts the offender from contacting or coming near the victim. A restraining order is broader, often used in civil disputes like divorces. It is used to prevent one party from taking certain actions, like selling property or harassing the other party. They’re distinct in purpose and enforcement.
A general protective order typically lasts up to two years. However, the duration can vary based on the circumstances of the case. In some situations, the court may issue a protective order for a longer period, even making it permanent. Temporary protective orders, often called ex parte protective orders, can issued before a full hearing and usually last up to two weeks but can be extended to 20 days.
