Starr Law, P.C.

[ 04 / Practice · Protective Order Violation ]

Violation of a Protective Order in Texas

Protective order violation lawyer for Collin County. Penal Code § 25.07 contact, firearm, and bond-condition violations. McKinney office.

If you were just arrested

The first hours matter. Here is what to do.

  1. Say nothing to police. You have the right to stay quiet and the right to a lawyer. Be polite, give your name, and tell them you want your attorney before you answer any questions.

  2. Know the clock is running. Magistration and a bond decision usually happen within 24 to 48 hours. Do not contact the protected person at all while the order stands, even to apologize, because any contact can become a new charge.

  3. Call Kent. The first call is free, seven days a week. He will walk you through what happens next and how he would approach your case.

A protective order against you creates a new way to get arrested. In Texas, violating a protective order is a separate criminal offense under Penal Code §25.07, charged on top of whatever case led to the order. A single text message, a drive past the wrong house, or showing up where you were told not to go can become a fresh arrest, and depending on your history it can be a felony.

If you have been accused of violating a protective order or a bond condition in Collin County, what you do next matters immediately. These cases move fast, the allegation is often built on a single screenshot or call, and prosecutors take order violations seriously. Kent Starr has practiced criminal law in Collin County and across DFW since 1997, and he defends people charged with violating the very orders the system issued against them.

What Texas Penal Code §25.07 Prohibits

A protective order can restrict far more than physical contact. Under §25.07, it is a crime to knowingly or intentionally do any of the following while the order is in effect:

Communicating with a protected person. If the order bars contact, even a single message, call, or message passed through someone else can be a violation. Threatening or harassing communication is barred regardless.

Going near protected places. Going to or near the home, workplace, business, school, or child-care facility of a protected person or a family member named in the order.

Possessing a firearm. Most family-violence protective orders prohibit possessing a firearm for the duration of the order.

Committing family violence. Any new act of family violence against a protected person.

Tracking or harming a pet. Monitoring a protected person's location, or harming or threatening a companion or assistance animal.

The penalty. A violation is usually a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $4,000. It rises to a third-degree felony, two to ten years in prison, if you have two or more prior violations or the violation involved an assault or stalking.

Bond Conditions, Order Terms, and a Common Misunderstanding

A §25.07 charge can come from violating a magistrate's emergency protection order, a family court protective order, or a no-contact condition of bond in a family-violence case. The exact terms control what counts as a violation, and they are often broader than people expect.

One point causes more arrests than any other: a protected person cannot waive the order by reaching out to you. If the order prohibits contact, you can be charged for responding even when the other person started it. The order binds you, not them. If a protected person contacts you, the safest response is no response and a call to your lawyer.

Defense Strategies in a §25.07 Case

A protective order violation turns on what the order actually prohibited, what you knew, and what you intended. Each is a place to build a defense.

Knowledge and intent. The offense requires a knowing or intentional violation. If you had not been served, did not know the order's terms, or the contact was genuinely inadvertent, the State may be unable to prove the required mental state.

The terms of the order. Orders vary widely. If the conduct alleged was not actually prohibited by the specific order, there is no violation, however the report describes it.

Identity and false allegations. These cases are often charged on the word of one person. Phone records, location data, and witnesses can show you were not the person who made contact, or not where you were said to be.

The protected person's role. When the other person initiated contact, that does not by itself excuse a response, but it is relevant context that can affect intent and how the case is viewed.

Validity and service of the order. An order that was not properly issued or served may not support a violation charge.

If the State cannot prove the order's terms, that you knew about it, or that you meant to violate it, it may have no case left to bring.

Courts and Counties We Serve

Starr Law represents people charged with violating protective orders and bond conditions throughout North Texas, including Collin, Dallas, Denton, and Rockwall counties. Collin County cases are handled in the courts in McKinney.

Frequently Asked Questions

Is violating a protective order a felony?

Usually it is a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $4,000. It becomes a third-degree felony if you have two or more prior violations or the violation involved an assault or stalking.

Can I be charged if the protected person contacted me first?

Yes. A protected person cannot waive the order by reaching out to you. If the order prohibits contact, responding can still be a violation. The order restricts your conduct regardless of who initiates.

What counts as a violation?

Depending on the order, communicating with a protected person, going near their home, work, or school, possessing a firearm, committing family violence, or monitoring their location can all be violations.

What if I did not know about the order?

A §25.07 charge requires a knowing or intentional violation. If you were never served or were unaware of the order's terms, that can be a defense, though the State may try to show you knew.

Is violating a bond condition the same as violating a protective order?

They are distinct but related. Violating a no-contact bond condition in a family-violence case can lead to a §25.07 charge and to your bond being revoked.

How We Serve Collin County

Starr Law's office is in McKinney, and we represent clients accused of protective-order violations across Collin County.

McKinney

Collin County protective-order and bond-violation cases are handled in the courts in McKinney, the county seat.

Plano

We defend Plano residents charged with violating a protective order or bond condition.

Frisco

We represent Frisco clients facing protective-order violation allegations.

Allen

We defend Allen residents in protective-order cases throughout Collin County.

Schedule Your Free Consultation

If you are accused of violating a protective order or a bond condition in Collin County, talk to Kent before you talk to anyone else, and before you respond to any contact. Call (214) 982-1408 for a free, confidential consultation. Free initial consultation. Payment plans available. Se habla español. Nós falamos português.

Learn more about how we defend clients across the county on our Collin County criminal defense page.

In the Collin County courts

After an arrest in Collin County, booking and magistration happen at the Collin County Detention Facility in McKinney, where a magistrate sets bond within 48 hours. Criminal cases are then heard at the Russell A. Steindam Courts Building, 2100 Bloomdale Road in McKinney. A protective order violation is usually a Class A misdemeanor heard in the county courts at law; with prior violations or certain conduct it becomes a felony presented to a Collin County grand jury.

Service Area

Criminal defense across all of DFW.

Office in McKinney. Cases handled in 9 North Texas counties. If you were arrested or charged anywhere across the Dallas–Fort Worth metroplex, we want to hear what happened.

Collin County Dallas County Denton County Tarrant County Rockwall County Kaufman County Ellis County Johnson County Parker County

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  • I chose Mr. Starr after speaking with more than 15 different law firms, and it was one of the best decisions I could have made.

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    Mr Starr was thorough, responsive, and always seemed one step ahead, which gave me a lot of confidence during a stressful time.

    I'm truly grateful for his dedication and would absolutely recommend him to anyone looking for effective and dependable legal representation.

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    I plan on having him represent me going forward and I have full confidence in his ability to provide accurate and helpful input.

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