Domestic Violence in Texas
After a domestic violence charge has been filed, victims are often unwilling to be used as a witness against the accused. Notwithstanding this, it is important to note that there is assistance available and legal options that can be employed to protect yourself.
Obtaining a Protective Order
Whether it is emotional, physical, or mental abuse, domestic violence can be a very serious problem with many relationships. Protective Orders are defined under Chapter 7A of the Texas Code of Criminal Procedure. According to the Texas Code of Criminal Procedure, a "Protective Order" can be issued to prevent continuing acts of family violence. Family violence is defined in Texas as: "any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child."
In relation to this law, family is usually determined to be blood relatives or relatives by marriage, former spouses, parents of the same child, foster parents and children, or any member or former member of a household. The protective order can also apply to boyfriend and girlfriend relationships when the situation calls for it. Protective Orders are obtained through Section 17.292 Texas Code of Criminal Procedure, which outlines the elements needed to obtain such an Order of Protection.
Challenging a Protective Order
Unfortunately, it is not unheard of for one spouse to make a false allegation of domestic violence against another spouse in order to secure a more favorable disposition in a family law custody dispute. Because most petitions are granted, it is important to defend false allegations aggressively. Unfounded accusations of domestic violence are sometimes made during contentious divorces and disagreements over family law issues, divorces, and during child custody battles. If you have been targeted with unfounded legal action against you regarding a protective order, The Law Offices of Carl David Ceder, PLLC, can help.
Violation of a Protective Order
Violations of Protective Orders are authorized pursuant to Section 25.07 of the Texas Penal Code.
Section 25.07 Texas Penal Code. VIOLATION OF PROTECTIVE ORDER OR MAGISTRATE'S ORDER
(a) A person commits an offense if, in violation of an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(1) commits family violence or an act in furtherance of an offense under Section 42.072;
(A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;
(B) a threat through any person to a protected individual or a member of the family or household; or
(C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the order prohibits any communication with a protected individual or a member of the family or household;
(3) goes to or near any of the following places as specifically described in the order:
(A) the residence or place of employment or business of a protected individual or a member of the family or household; or
(B) any child care facility, residence, or school where a child protected by the order normally resides or attends; or
(4) possesses a firearm.
(b) For the purposes of this section:
(1) "Family violence," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(2) "Firearm" has the meaning assigned by Chapter 46.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.
(e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.
(f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.
(g) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault or the offense of stalking, in which event the offense is a third degree felony.
Please call The Law Offices of Carl David Ceder, PLLC, for an experienced, aggressive, and thorough review of your case. We have a strong track record for defending individuals against a variety of criminal accusations, and will gladly review any charge of a violation of a protective order. Please contact us today at 214.702.CARL (2275) for a free consultation.