Family Code · §25.07

Violation of a Protective Order

Knowingly violates a court order — protective order issued under listed FV/sex-assault/stalking statutes, magistrate's order for emergency protection, etc. — by going near protected location, communicating with protected person, threatening, or other prohibited acts.

To prove this offense, the State must establish each of the following elements: Confirm protective order on TLETS / NCIC and confirm service; Going near protected residence violates §25.07; Class A misdemeanor (3rd degree with priors / assault / stalking violation); Warrantless arrest under §14.03.

The base classification is Class A misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Confirm protective order on TLETS / NCIC and confirm service
  • Going near protected residence violates §25.07
  • Class A misdemeanor (3rd degree with priors / assault / stalking violation)
  • Warrantless arrest under §14.03
Texas Law — Charge Details
Class A Misd. → 3rd Degree Felony
Offense
Violation of a Protective Order
Statute
Tex. Penal Code §25.07
Classification
Class A misdemeanor (default)

Knowingly violates a court order — protective order issued under listed FV/sex-assault/stalking statutes, magistrate's order for emergency protection, etc. — by going near protected location, communicating with protected person, threatening, or other prohibited acts.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
2+ prior §25.07 convictions OR violation involves assault/stalking3rd degree felony§25.07(g)

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Worked examples

Worked example 1

SCENARIO. An officer arrives at a domicile where a Family Code protective order is in effect. The respondent is sitting on the porch; the protected person is inside the house. May the officer arrest the respondent?

  1. No — must first see the respondent enter the house
  2. Yes — knowingly violating a protective order by going near the protected residence is a Class A misdemeanor; lawful warrantless arrest is supported by §14.03 / §14.03(a)(4) and the §25.07 violation; verify the order is on file in TLETS / NCIC Correct
  3. No — civil orders are not enforceable
  4. Only the family-court bailiff may serve
Why: Violation of a protective order is a Class A misdemeanor (3rd degree felony with priors or assaultive/stalking violation). Officers should confirm the order via TLETS/NCIC, document service, and arrest under §14.03 family-violence authority.
Statute: Tex. Penal Code §25.07; Tex. Code Crim. Proc. art. 14.03
Worked example 2

SCENARIO. Officer responds to a residence at 11 PM. The wife has a final protective order against the husband; he is not allowed within 200 yards of the residence. The husband says she texted him to come over. What should the officer do?

  1. Take no action
  2. Determine current status of order; the protected person CANNOT 'consent' to violation — only the court can modify the order; if the order is in force and the husband is within the prohibited area, his presence violates §25.07 regardless of the wife's request; arrest under §14.03 (FV) and document Correct
  3. Tell them to call later
  4. Make him sleep on the porch
Why: A protected party cannot 'invite' a respondent into the protected area to override a court order — only the court can modify. Violation is a Class A misdemeanor (3rd degree felony with aggravators); arrest and document; let the parties seek modification through the family court.
Statute: Tex. Penal Code §25.07; Tex. Fam. Code §85.001
Worked example 3

Tex. Penal Code §25.07(a)(2)(A)–(B) further criminalizes communicating with a protected person in:

  1. Only direct phone calls
  2. Threatening or harassing manner — OR a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend Correct
  3. Only by mail
  4. Only via social media
Why: Beyond outright threats, communications likely to harass / annoy / alarm / abuse / torment / embarrass are themselves protective-order violations under §25.07.
Statute: Tex. Penal Code §25.07(a)(2)