A protective order is meant to give you the security you deserve after ending a difficult relationship. But when your ex starts violating a protective order, it can feel like your safety is slipping away. However, it’s vital to remember that you have legal options. An Austin protective order attorney can help you take the necessary measures to protect yourself and your family.
Protective Order vs. Restraining Orders in Texas
Before going further, it’s worth reviewing the differences between protective and restraining orders, as people often confuse these terms. While protective orders and restraining orders both offer legal protection to those who need it, they serve different purposes. A protective order is specifically designed to protect victims of family violence, stalking, or sexual assault. It can order the abuser to stay away from you, your home, workplace, or school, and can also include provisions for child custody and support. Violating a protective order is a criminal offense, and law enforcement can arrest the violator immediately.
On the other hand, a restraining order is typically used in civil cases (like divorce or custody disputes) to prevent someone from taking specific actions, such as selling property or harassing the other party. Violating a restraining order doesn’t usually result in an immediate arrest; instead, the person violating it can be held in contempt of court, which may lead to fines or other penalties. While both orders offer protection, a protective order has stronger enforcement and is often used in more urgent situations.
What Happens if Someone Violates a Protective Order?
When someone violates a protective order in Texas, they can face serious consequences. The penalties for a violation of a protective order include:
- Criminal Charges – Violating a protective order is a criminal offense in Texas. The violator may face a Class A misdemeanor charge, which can result in up to one year in jail, a fine of up to $4,000, or both. If the violation involves committing an act of family violence or the violator has prior convictions, the offender could face a felony charge, leading to even harsher penalties, including longer prison time.
- Contempt of Court – In addition to facing criminal charges, someone who violates a protective order can be held in contempt of court. This can result in additional fines of up to $500 and up to six months in jail. Contempt charges are meant to enforce compliance with the court’s orders and ensure the safety of the protected party.
- Extended or Modified Protective Orders – If a violation occurs, the court may extend the duration of the protective order or modify its terms to offer greater protection to the victim. This could include additional restrictions on the violator’s actions or movements.
What to Do if Your Ex Violates a Protective Order
If your ex violates a protective order, acting quickly to protect yourself and your family is crucial. Here’s what to do:
Document the Violation
Keep detailed records of each violation. This can include saving text messages, recording phone calls (Texas is a “one-party consent” state, meaning you can record phone calls without the other person’s permission), taking screenshots, and writing down the date, time, and nature of the violation. This evidence is vital if you need to take further legal action.
Contact Law Enforcement
Call the police immediately if your ex violates the protective order. Violating a protective order is a crime, and law enforcement can take swift action, including arresting the violator. Be sure to provide the police with any evidence you’ve documented.
Inform Your Attorney
Contact your attorney as soon as possible to report the violation. Your attorney can guide you on the next legal steps, such as filing a motion for contempt or requesting a modification to the protective order.
Seek Support
Reach out to trusted friends, family, or local support services. They can provide emotional support and guide you through this difficult time. Consider also contacting local domestic violence resources for additional assistance.
Evidence to Prove a Protective Order Violation
As with any other criminal offense, you need evidence to prove your ex violated a protective order. Here are some types of evidence you can use to help establish your ex isn’t following the order’s terms:
- Text Messages and Emails – Save any threatening or harassing messages your ex has sent. These digital communications can directly show that your ex is violating the terms of the protective order by contacting you when they’re not supposed to.
- Call Logs – Keep records of any calls from your ex. Call logs can demonstrate a pattern of unwanted contact, especially if your ex repeatedly tries to reach you in defiance of the protective order.
- Witness Statements – If someone witnessed your ex violating the protective order, such as by approaching you or your property, their testimony can be powerful evidence. Witnesses can provide an objective account of what happened.
- Photographs or Video Footage – Visual evidence, like photos or videos of your ex near your home or workplace, can be compelling. This type of evidence can clearly show that your ex was in a location they were legally prohibited from entering.
- Voicemails and Audio Recordings – Retain any threatening or harassing voicemails. Audio evidence can capture your ex’s intentions and actions, providing clear proof of a violation. Texas law also says you can record phone calls with your ex without their consent.
How We Can Help You
At Smith & Bledsoe Family Law, we’re dedicated to helping you enforce your protective order and maintaining your safety. If your ex is violating the order, our experienced attorneys will guide you through the legal process, from gathering evidence to contacting the police and filing motions for contempt. We’ll work closely with you to build a strong case, advocating for your rights and pushing for swift legal action against your ex.
Our priority is to provide you with the support and protection you need during this challenging time. Call us today or complete our contact form for a free case evaluation.