Protective Order Violation Defense San Antonio

Protective Order Violations in Bexar County — Why the Protected Party Contacting You Is Not a Defense

A protective order issued in Bexar County courts is a court order that runs against the restrained party — not the protected party. When a protective order prohibits contact, it prohibits you from making contact with the protected party. It does not prohibit them from contacting you. If the protected party calls you, texts you, comes to your residence, or otherwise initiates contact — and you respond — you may have violated the protective order. Their initiation of contact is not a legal defense to your violation of the order’s terms.

This is one of the most misunderstood aspects of protective orders in Bexar County and one of the most common reasons people find themselves facing a violation charge after a good-faith response to contact from the protected party. The correct response when a protected party contacts you in violation of the spirit of the order is to end the contact immediately and document it. Responding — even briefly, even kindly — can constitute contact that violates the order’s terms.

Bexar County protective order violations are prosecuted by DA Joe Gonzales’s Family Violence Unit under the same no-drop prosecution policy as the underlying family violence case. The FVU pursues violations even when the protected party does not cooperate. The evidence is typically a text message thread, phone records, location data, or a responding SAPD officer’s observations. Call 210-692-4913 immediately.

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Protective Order Types & Violation Consequences in Texas

The type of order determines the violation consequences. A second violation or a violation with a weapon elevates the charge to a felony automatically.

Order Type	Source	Violation Level	Penalty
Emergency Protective Order (EPO)Code Crim. Proc. Art. 17.292 — issued at arrest	Magistrate at arrest	Class A Misd.	Up to 1 yr • $4,000
Magistrate’s Order for Emergency ProtectionFamily Code §83.001	Civil court	Class A Misd.	Up to 1 yr • $4,000
2nd Violation of Same OrderPenal Code §25.07(g) — prior PO violation conviction	Any order type	3rd Degree Felony	2–10 yrs • $10,000
Violation with FirearmPenal Code §25.07(g) — weapon involved	Any order type	3rd Degree Felony	2–10 yrs • $10,000
Violation During Pending Criminal CaseStandalone charge independent of original case	Any order type	Adds new charge to existing case	Additional exposure beyond original charge

Protective order violation defense San Antonio — contact initiation defense and FVU prosecution Bexar County courts

The Protected Party Contacted Me First — Does That Matter in Bexar County?

Yes — in a limited way, but not as a complete defense to the violation itself. If the protected party initiates contact, that fact is relevant context that we present to DA Gonzales’s Family Violence Unit and to the court as mitigation. It is relevant to the culpability analysis and can affect how the FVU evaluates the violation. But it does not negate the violation of the order’s terms.

Texas Penal Code §25.07 makes it a criminal offense to knowingly violate the terms of a protective order by communicating with the protected party in any manner, directly or through a third person. The statute does not include an exception for contact initiated by the protected party. The order is against you. Only you can violate it.

The practical implication: if the protected party contacts you, end the contact immediately. Document that the contact was initiated by them — save the texts, the call logs, the messages. Do not respond. Then call us. This documentation becomes the mitigation context that affects how the FVU handles the case.

Protective order violation defense attorneys San Antonio — Mark Hull and Allison Tisdale defending PO violations in Bexar County

How We Defend Protective Order Violations in Bexar County

Context, documentation, and early FVU engagement change outcomes even when a technical violation occurred.

01

Establish who initiated the contact and document it

If the protected party initiated the contact that led to the alleged violation, we gather all available documentation: text message threads, call logs, location data, witness statements. This documentation is presented to the FVU as part of the defense narrative and affects how the unit evaluates the case.

02

Challenge whether the conduct actually violated the specific order terms

Protective orders vary in their specific prohibitions. Some prohibit all contact. Some prohibit only certain types of contact. Some exclude specific locations. We obtain the complete text of the protective order and evaluate whether the alleged conduct actually falls within the specific terms that were violated.

03

Present the complete context to the FVU early

The Bexar County FVU evaluates protective order violations in the context of the underlying case. A first-time technical violation where the protected party initiated contact, with no history of aggression or threats, is evaluated differently than a deliberate stalking violation. Early engagement with documented context — before the FVU finalizes its position — is the most effective approach.

04

Address military consequences immediately

For clients at Fort Sam Houston, Lackland AFB, or Randolph AFB, a protective order violation charge triggers immediate base access review, potential restriction of security clearance, and possible administrative action under the UCMJ. We address military consequences at the first consultation and coordinate with military defense counsel as needed.

05

Prevent escalation to a felony violation

A first PO violation is a Class A misdemeanor. A second violation or a violation involving a firearm is a third-degree felony. Resolving the first violation without a conviction is critical to preventing automatic felony exposure on any future contact. We pursue dismissal or deferred adjudication on first violations specifically to prevent this escalation.

Protective Order Violation Defense in Bexar County — Former FV Prosecutors

Mark Hull has 20+ years of Texas criminal defense experience and has defended protective order violation cases in the Bexar County Courts at Law for over 20 years. Allison Tisdale prosecuted family violence cases — including protective order violations — as a Texas state prosecutor before joining the defense. She knows how the FVU evaluates its violation cases and what documented arguments produce dismissal.

We carry a 5.0 rating across 363 Google reviews and Over 930 dismissals or rejected cases since 2021 across Bexar County and Central Texas courts. Our San Antonio office at 700 N St. Mary’s Street, Suite 1400 is available 24/7.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Bexar, Travis, Williamson, and Hays county courts. Mark Hull.

◆ Former State Prosecutors on Staff

Mark Hull and Allison Tisdale prosecuted criminal cases in Texas courts before joining the defense. They know how DA Joe Gonzales’s office builds cases — and where they fall apart.

◆ 20+ Years in Bexar County Courts

Regular appearances at the Cadena-Reeves Justice Center. We know the prosecutors, the judges, and how the Bexar County docket moves.

◆ Over 930 dismissals or rejected cases since 2021

Bexar County, Hays County, Travis County, and surrounding Central Texas courts.

Over 930dismissal or rejected cases since 2021

5.0Google Rating (363 Reviews)

20+Years in Bexar County Courts

Protective Order Violation FAQ — San Antonio & Bexar County

Common questions about protective order violations in Bexar County courts.

What is the penalty for violating a protective order in Texas?+

A first protective order violation under Penal Code §25.07 is a Class A misdemeanor: up to one year in Bexar County jail and a $4,000 fine. A second violation of the same order, or any violation that involves a weapon, is a third-degree felony: 2 to 10 years in TDCJ and a $10,000 fine. Each violation is a separate criminal offense independent of the underlying family violence case.

Can I be charged if the protected party contacted me first?+

Yes. The protective order runs against you, not the protected party. If the order prohibits you from contacting the protected party and you respond to their contact — even briefly — you may have violated the order. The protected party’s initiation of contact is not a complete legal defense to your violation. It is relevant mitigation that we present to DA Gonzales’s Family Violence Unit, but it does not negate the violation itself.

What type of contact violates a Bexar County protective order?+

The specific terms of the order control. Most EPOs and protective orders in Bexar County prohibit direct communication in any form — calls, texts, emails, social media messages, and in-person contact — and indirect communication through third parties. Some orders include specific distance requirements from the protected party’s residence, workplace, or school. We obtain and analyze the complete text of the specific order on every case.

Does a protective order violation affect my family violence case?+

Yes. A protective order violation while a family violence case is pending adds a new criminal charge and demonstrates to DA Gonzales’s Family Violence Unit that the restrained party did not comply with the court’s order — which affects how the unit evaluates the original case. We address both cases with a coordinated defense strategy.

What happens to a military service member at Lackland AFB who violates a protective order?+

A protective order violation charge triggers base access review for civilian spouses and family members of service members, potential restriction of base housing access if the protected party lives on base, and UCMJ proceedings that run independently of the civilian criminal case. For active duty personnel, a PO violation charge can affect security clearance and advancement eligibility. We evaluate all military consequences at the first consultation.

What should I do if I’m accused of violating a protective order in San Antonio?+

Call 210-692-4913 immediately. Do not contact the protected party for any reason — additional contact after you become aware of the violation allegation creates additional charges. Save all documentation of any contact the protected party made to you. Do not make statements to SAPD. The FVU builds its violation case quickly. The earlier we are involved, the more options we have.

Protective Order Violation Resources — San Antonio & Bexar County

Related pages covering criminal defense in San Antonio and Bexar County.

Family Violence Defense

Bexar County FVU no-drop prosecution, federal gun ban, and military career consequences.

Assault Defense Hub

All assault charge levels in Bexar County courts.

Criminal Defense Hub

Full criminal defense hub for all charge types in Bexar County.

DWI Defense

DWI defense in Bexar County courts — 15-day ALR deadline.

Expungement San Antonio

Clearing dismissed charges from your Bexar County record.

San Antonio Criminal Defense

Main criminal defense hub for San Antonio and Bexar County.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across Bexar County, Hays County, Travis County, and Central Texas.

RL

Ronnicka Lopez

★★★★★

Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team.”

BS

Blake Shires

★★★★★

Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout.”

SH

Shawn Hallman

★★★★★

Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

210-692-4913

Protective Order Violation Defense — San Antonio & Bexar County

Protective Order Violations in Bexar County — Why the Protected Party Contacting You Is Not a Defense

Protective Order Types & Violation Consequences in Texas

The Protected Party Contacted Me First — Does That Matter in Bexar County?

How We Defend Protective Order Violations in Bexar County

Protective Order Violation Defense in Bexar County — Former FV Prosecutors

Protective Order Violation FAQ — San Antonio & Bexar County

Protective Order Violation Resources — San Antonio & Bexar County

Family Violence Defense

Assault Defense Hub

Criminal Defense Hub

DWI Defense

Expungement San Antonio

San Antonio Criminal Defense

What Our Clients Say

Protective Order Violation in San Antonio? Call Us Now.