Can Anyone Be the Subject of a Protective Order?
Breakups are common. Every day, relationships end in numerous ways for a variety of reasons. Breakups are such a part of everyday life they form the subject of multiple songs and serve as the main plotline for various movies and television shows. In many instances, breakups are amicable. Often, however, they are not. In many instances, relationships end on bad terms. When this happens, it’s not uncommon for one partner to seek a domestic violence protective order against the other partner. In fact, as of 2025, there are about 40,000 active protective orders in Texas.
Being the subject of a protective order does not mean you have been convicted or a crime or that you will necessarily face any criminal consequences. In fact, you do not have to have committed any actual violence to have a domestic violence protective order issued against you. However, having an active protective order against you can make it easy to be arrested and charged with a crime. Similarly to how you don’t have to have committed any violence acts to have a restraining order issued, you don’t have to have committed any violent acts to be arrested for violating a protective order. That’s why if you or a loved one are the subject of a protective order in Texas, it’s vital you contact one of our compassionate and dedicated attorneys.
What is a Domestic Violence Protective Order?
A protective order is a type of court order known as an injunction. An injunction is a legal document signed by a judge ordering someone not to engage in a certain type of behavior. Domestic violence protective orders are issued to people who face potential harm from a spouse, romantic partner, or household member. A domestic violence protective order lays out a specific set of instructions for the subject of the order, providing them with a list of things they are not permitted to do to the person who took out the order, such as staying a particular distance away from them and not attempting to speak with them.
Domestic violence protective orders are usually active for two years, but depending on the circumstances of the case, a judge may choose to extend the duration. In cases that involve sexual violence, stalking, or aggravated violence, a judge may choose to make a protective order permanent.
It’s important to keep in mind that you actually have to have committed any acts of violence to have a protective order issued against you. The threat or possibility of violence may be enough to convince a judge that you pose a potential risk. If a former spouse, partner, or member of your house can demonstrate to a judge that they have a reasonable fear for their safety, you can have a protective order issued against you. This is why, if you or a loved one have been issued a restraining order, it’s important to contact an experienced defense attorney. Having a restraining order issued against you may be the first step in a process that ends with you in handcuffs and facing prison time.
What Counts as Violating a Protective Order?
What counts as violating a protective order will generally rely on the specific instructions laid out in the order issued by the judge. Generally, anything that involves your attempting to see, speak to, communicate with, or interact with the petitioner can be considered a violation of the order. This includes but is not necessarily limited to:
· Contacting or Attempting to Contact the Petitioner
· Going to the Petitioner’s Home, Workplace, or an Event You Knew They Would Be At
· Having Friends or Family Make Unwanted Contact with the Petitioner
· Going Within So Many Feet of the Petitioner
· Interfering With the Petitioner’s Cell Phone, GPS, or Other Electronics
· Harming or Attempting to Harm the Petitioner’s Pet, Companion, or Service Animal
· Threatening Physical or Sexual Violence Against the Petitioner
· Possessing a Firearm
The courts can be disproportionately strict when it comes to family violence. Someone accused of committing an act of domestic violence has a 10% greater chance of being sentenced to prison than someone accused of assault. That means you can both become the subject of a restraining order without committing any acts of violence and can also be arrested for violating the order and sent to prison without doing anything violent either.
Even possession of a firearm is considered a violation of a restraining order. If someone knows you owned a firearm and did not relinquish it, they could try to “turn you in” just to get you arrested. In fact, there are many “techniques” an attorney can use to get you arrested after you’ve become the subject of a restraining order. If you are arrested prior to a divorce or child custody trial, it can seriously impact the outcome of your case.
What are the Penalties for Violating a Domestic Violence Protective Order?
Violating a protective order is a misdemeanor punishable by a year in jail and a $4,000 fine. While this may sound minimal, few people can afford a year away from their jobs and homes. An arrest for violating a protective order can also have a serious impact on any future court cases.
Depending on the circumstances, violating a protective order can become a felony. Violation of a protective order can be considered a felony if it involved any acts of physical or sexual violence, stalking, or if you have previously violated a protective order two or more times. Felony violation of a protective order can result in between 2-10 years in prison and a $10,000 fine.
What Should I Do if I’m Arrested for Violating a Domestic Violence Protective Order?
In many instances, a protective order can be the opening salvo of an effective strategy to harm your chances in a divorce or child custody case. Having a protective order issued against you already “stacks the deck” in the court’s eyes and puts you on the defensive. Being arrested for violating that order can seriously harm or even eliminate your chances of an equitable divorce or custody agreement. Depending on the circumstances, it could even result in years behind bars and a criminal record that follows you forever.
If you or a loved one have had a restraining order issued against you, don’t hesitate to act: call the Law Offices of Biederman and Burleson, P.L.L.C. With forty years combined experience, Hunter Biederman and Troy Burleson are some of the best attorneys around—period. They’re the lawyers who other attorneys come to for advice and guidance on their own cases. At Biederman and Burleson, we understand that it’s easy to find yourself in a bad situation but often difficult to get out of one. We approach every case with compassion and dedication, believing there’s two sides to every story and that everyone deserves the best defense.
Being the subject of a restraining order can be intimidating. This is especially true if you’ve been arrested for violating one. Don’t let your future stall out. If you or a loved one have been arrested for violating a domestic violence protective order, contact Biederman and Burleson, P.L.L.C. at 469-517-3364 to schedule your free consultation.
