What happens if you violate a protective order in Texas?
Under Penal Code §25.07, knowingly or intentionally breaking a protective order, an emergency protective order, or a family violence bond condition is a Class A misdemeanor, up to one year in county jail. It becomes a state jail felony when the order was issued after a conviction or deferred adjudication for an offense against that same victim, and a third degree felony, 2 to 10 years, if the person has two or more prior convictions under the statute or violated the order by committing an assault or stalking. Two violations inside 12 months is a separate third degree felony under §25.072. A conviction can never be sealed.
- Seven kinds of conduct violate the statute: committing family violence, communicating in a threatening or harassing way, any communication at all where the order forbids it, going near a protected address, possessing a firearm, tampering with a GPS monitor, and tracking the protected person.
- "She called me first" is not a defense. §25.07(d) says reconciliation by the parties does not affect the order or the duty to enforce it.
- Where the order forbids all contact, a single friendly text is the offense. No threat and no harm is required.
- Possessing a firearm while under the order is also a separate Class A misdemeanor under §46.04(c).
- Sealing is barred by Gov't Code §411.074, so there is no later clean-up. The disposition is the record.
Protective order cases are prosecuted on paper. The order exists, the contact is logged, and the State argues from there. Peter M. Barrett has defended family violence and protective order cases in Dallas County since 1994, across more than 150 jury trials, and the case review is free and confidential. This guide sets out exactly what the statute prohibits, how the felony versions are triggered, and where the real defenses are.
The seven ways to violate an order
§25.07(a) lists the prohibited conduct. Each applies only if the order or bond condition itself covers it, which is the first thing a defense lawyer reads.
- Committing family violence, or an act in furtherance of trafficking, sexual assault, indecent assault, or stalking.
- Communicating directly with a protected person in a threatening or harassing manner, or passing a threat through someone else.
- Any communication at all, where the order prohibits all communication, except through a lawyer or a person the court appointed.
- Going to or near the protected person's residence, workplace, or business, or a protected child's school, residence, or child care facility, as described in the order.
- Possessing a firearm.
- Tampering with a GPS monitoring device ordered under article 17.49.
- Tracking or monitoring the protected person's property or vehicle without consent, including with a phone tracking app or a tracker, or by following them or having someone else follow them.
The statute also protects pets: harming, threatening, or interfering with the care or custody of a pet, companion animal, or assistance animal in the protected person's possession is listed conduct.
Misdemeanor or felony: how §25.07(g) grades it
| Situation | Level | Range |
|---|---|---|
| Any violation of a covered order or bond condition | Class A misdemeanor | Up to 1 year, $4,000 fine |
| Violation of a Chapter 7B order issued after the defendant's conviction or deferred adjudication for an offense against that victim | State jail felony | 180 days to 2 years |
| Two or more prior convictions under §25.07 or §25.072, or any combination of the two | 3rd degree felony | 2 to 10 years |
| Violating the order by committing an assault, or by stalking | 3rd degree felony | 2 to 10 years |
| Two or more violations within a period of 12 months or less (§25.072) | 3rd degree felony | 2 to 10 years |
§25.072 is the charge people do not see coming. It does not require a prior conviction. Two qualifying acts inside a year, charged together, is a felony on its own, and the jury must agree unanimously that two such acts occurred in that window. A defendant also cannot be convicted in the same action of another offense built from the same alleged conduct unless it is charged in the alternative, falls outside the period, or is a lesser included offense.
Which orders are covered, and how long they last
§25.07 reaches far more than a civil restraining order. It covers family violence bond conditions, magistrate's emergency protective orders under article 17.292, Chapter 7B criminal protective orders, Family Code protective orders under Chapter 85 and §6.504, served temporary ex parte orders under Chapter 83, child protection orders, and orders from other states enforced under Chapter 88.
| Order type | Duration |
|---|---|
| Magistrate's emergency protective order (art. 17.292) | 31 to 61 days; 61 to 91 days where a deadly weapon was used during the assault |
| Family Code protective order (§85.025) | Up to two years, or the second anniversary if no period is stated |
| Family Code order, extended | Longer than two years where the court finds a felony family violence act, serious bodily injury, or two or more previous protective orders against the same person |
| Chapter 7B criminal protective order (art. 7B.007) | Any stated period, up to the lifetimes of the offender and victim; lifetime is mandatory where the offender must register for life as a sex offender |
A Chapter 7B order can be requested by the victim, by an adult acting for a victim under 18, or by the prosecutor, and the State must generally file for one after a conviction or deferred adjudication for a listed offense unless the victim asks it not to. The order can be reviewed: a person subject to a Family Code protective order may move for review no earlier than the first anniversary of the order, and the court decides whether a continuing need exists. Compliance alone does not end it.
The firearm trap
Two statutes punish the same gun. Possessing a firearm while the order is in force violates §25.07(a)(4) as a Class A misdemeanor, and §46.04(c) separately makes it a Class A misdemeanor for a person subject to a protective order to possess a firearm after receiving notice of the order and before it expires. Federal law adds its own prohibition. A rifle left in a closet at home is enough, and prosecutors do charge it. The gun charges guide covers how those statutes interact.
Where these cases are won
- What the order actually says. Every prohibition is only an offense if the order or bond condition imposed it. §85.022 requires a Family Code order to describe each prohibited location and the minimum distance. Vague orders, orders that never prohibited contact, and conduct outside the described terms all defeat the charge.
- Notice and service. A temporary ex parte order only supports a charge once it has been served. For a §46.04(c) firearm count the State must prove notice of the order.
- Knowingly or intentionally. The mental state applies to the conduct. An accidental encounter at a shared workplace, a group message, or a call returned without knowing who was on the line are facts that go to intent.
- Who initiated it. Reconciliation is not a defense to the charge, but who called whom, and the complete message history, carry enormous weight with prosecutors deciding whether to proceed and with juries deciding intent. A protected person cannot be arrested for violating their own order, and that asymmetry is worth explaining to a jury.
- The grade. Whether the underlying order was a Chapter 7B post conviction order, whether prior convictions qualify, and whether an alleged assault actually occurred each decide misdemeanor or felony.
- The companion case. These charges almost always ride alongside a family violence case, and §25.07(c) lets the State prosecute both. The defense has to be built across all of them at once.
Common questions
Is violating a protective order a felony in Texas?
Usually it is a Class A misdemeanor. It is a state jail felony when the order was issued under Chapter 7B following the defendant's conviction or deferred adjudication for an offense against that victim, and a third degree felony where the defendant has two or more prior convictions under §25.07 or §25.072, or violated the order by committing an assault or stalking. Two violations within 12 months is a third degree felony under §25.072.
What if the protected person contacted me first, or we got back together?
It does not undo the order. §25.07(d) states that reconciliatory actions or agreements by the people affected do not affect the validity of the order or an officer's duty to enforce it. Only the court can change or end an order. Who initiated contact still matters a great deal to how the case is charged and tried, but it is not a legal defense.
Can a text message be a violation?
Yes. Where the order prohibits any communication, communicating in any manner with the protected person or a member of their household is the offense, except through your attorney or a person the court appointed. Where the order prohibits only threatening or harassing communication, the content matters. Reading the exact wording of the order is the first step in every one of these cases.
How long does a protective order last in Texas?
A magistrate's emergency protective order runs 31 to 61 days, or 61 to 91 days where a deadly weapon was used. A Family Code protective order runs up to two years, or longer where the court finds a felony family violence act, serious bodily injury, or two prior orders. A criminal protective order under article 7B.007 can last for the lifetimes of the offender and the victim, and lifetime is mandatory where lifetime sex offender registration applies.
Can a protective order violation be sealed or expunged?
No. Gov't Code §411.074 excludes offenses under §25.07 and §25.072, along with stalking and any offense involving family violence, from orders of nondisclosure. A conviction is permanent and public, which is why the disposition negotiated at the start is the whole game.
What should I do if I am accused of violating an order?
Stop all contact immediately, including through friends and family, and do not delete anything. Save the complete message and call history, which is usually the only record of who contacted whom. Do not explain the contact to police. The consultation is free and confidential: (214) 526-0555, answered 24/7 for emergencies.
The law this article describes, at the source.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed criminal defense attorney about your specific facts. Request a free, confidential case review.