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Protective Order Violation Defense in San Marcos & Hays County

Violating a protective order in Texas is a Class A misdemeanor — and a third-degree felony for a second violation or when the underlying order arose from a sexual assault or stalking charge. The most dangerous misconception: if the protected person contacts you first, you can still be charged for responding. One message in the wrong direction can land you in the Hays County jail. Former prosecutor on staff. Trial-tested defense. Call 737-937-5786 immediately.

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Litigator of the Year 2023 — protective order violation defense attorney San Marcos Hays CountyMark Hull
Expertise.com Best Criminal Defense Lawyers Hays County — protective order violation defenseMark Hull*
National Trial Lawyers Top 100 — protective order defense attorney San Marcos Hays CountyMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor protective order violation defenseAllison Tisdale — 2022
Lawyers of Distinction — protective order defense attorney Hays County TexasMark Hull
Criminal Defense Top 10 — protective order violation defense San Marcos TexasMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

Protective Order Violations in Hays County — Why the Stakes Are Higher Than They Appear

Violating a protective order in Texas is charged under Penal Code §25.07. A first violation is a Class A misdemeanor: up to one year in Hays County jail and a $4,000 fine. A second violation, or a first violation of an order that was issued as a result of sexual assault or stalking, is a third-degree felony: 2 to 10 years in TDCJ and up to $10,000 fine. The charge is the same whether the violation was a phone call, a text message, an approach within a prohibited distance, returning to a shared residence, or contact through a third party.

The most critical thing to understand about protective order violations is this: the protected party cannot consent to the contact. If the person named in the order as the protected party initiates contact — calls you, texts you, shows up at your location — you are still prohibited from responding. Many people are charged with protective order violations after the protected party reached out to them first. The order does not become void because the protected party violated it, and the prosecution does not require the protected party’s cooperation to charge and convict you for the contact.

Many protective order violation arrests also carry a separate bond condition violation, because most bonds in assault and family violence cases include no-contact conditions as a separate requirement. A single contact can trigger both a criminal charge under §25.07 and a revocation of the bond in the underlying assault case — two separate proceedings with two separate consequences running simultaneously. Call 737-937-5786 immediately if you have been accused of a protective order violation.

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Protective Order Types & Violation Consequences in Texas

Three types of orders can be violated, each with different scopes and durations. The violation consequences are the same regardless of which type is violated.

Order TypeDurationViolation ChargeKey Detail
Emergency Protective Order (EPO)CCP §17.292 — issued at arrest31–91 daysClass A Misd.Issued before release from jail
Temporary Ex Parte Order (TPO)Family Code §83.001 — no hearing requiredUntil hearing (typ. 14 days)Class A Misd.Issued without respondent present
Final Protective OrderFamily Code §85.001 — after full hearingUp to 2 years (lifetime if eligible)Class A Misd.Most common basis for §25.07 charge
2nd Violation — Same Order§25.07(d) — prior §25.07 convictionN/A3rd Degree Felony2–10 yrs TDCJ • $10,000
Violation — Sexual Assault / Stalking Order§25.07(d) — SA or stalking underlyingN/A3rd Degree FelonyFirst violation is felony if SA/stalking based
Bond Condition ViolationSeparate from §25.07 criminal chargeDuration of bondBond RevocationTriggers MTR/MTTI in underlying case
Protective order violation defense San Marcos — understanding the no-contact rule and defense strategy Hays County

The Protected Party Contacted Me First — Does That Matter?

This is the question we hear most often on protective order violation cases. The answer is: it matters to the defense strategy, but it does not eliminate the violation.

Under Texas Penal Code §25.07, the obligation is on the person subject to the order — not the protected party. The protected party is under no legal obligation to avoid contact. If the protected party calls you and you answer, the answer is a violation. If they text you and you respond, the response is a violation. If they come to your location and you do not leave, your continued presence may constitute a violation if the order includes a proximity restriction. The order does not have a reciprocal provision, and the protected party cannot waive it by initiating contact.

What the protected party’s initiation of contact DOES do: it creates evidence relevant to the defense. It goes to the context of the contact, your intent, whether you sought out the contact or responded to it, and whether the prosecution’s characterization of the contact as a willful violation is accurate. It also creates a record that the protected party has violated the spirit of the order, which is relevant to any modification or termination hearing. We preserve and present this evidence at every protective order violation hearing where the protected party initiated contact.

Protective order violation defense attorneys San Marcos — Mark Hull and Allison Tisdale defending Hays County courts

How We Defend Protective Order Violations in Hays County

Two proceedings — the §25.07 criminal charge and the bond revocation in the underlying case — require coordinated defense from day one.

01
Address the bond revocation in the underlying case first

A protective order violation almost always triggers a bond revocation motion in the underlying assault or family violence case. We address the bond issue immediately to keep the client out of custody while the §25.07 proceedings run.

02
Evaluate the order itself for defects

Was the protective order properly issued? Does it comply with the statutory requirements of Family Code §85.001? Was the respondent given proper notice? Was the hearing properly conducted? Defects in the underlying order can defeat the violation charge.

03
Challenge the nature and intent of the contact

The prosecution must prove the violation was intentional. We examine the specific contact alleged — what was said, who initiated it, the context, and whether the defendant’s intent was to violate the order. Contact that was initiated by the protected party, or that arose from genuine unavoidable circumstances (a shared workplace, a child exchange, an emergency), has specific defense angles.

04
Present evidence of initiation by the protected party

When the protected party initiated the contact, we document it: phone records, text message screenshots with timestamps, witness accounts, and any other available evidence. This evidence is presented at the violation hearing to challenge the prosecution’s characterization of the conduct as a willful violation.

05
Pursue modification or termination of the order

If the circumstances support it, we file a motion to modify or terminate the protective order. A protective order can be modified to address specific legitimate needs — child exchange arrangements, shared workplace accommodations — or terminated if the protected party consents and the court finds good cause. Allison Tisdale prosecuted family violence cases and knows how the court evaluates modification requests.

06
Coordinate the §25.07 defense with the underlying assault defense

In most protective order violation cases, the underlying assault or family violence case is still pending. The strategy on the violation charge must be consistent with and supportive of the underlying defense — not contradictory to it. We handle both simultaneously.

Protective Order Violation Defense in Hays County

Allison Tisdale prosecuted family violence cases — including protective order violations — as a Texas state prosecutor before joining the defense. She knows how DA Kelly Higgins’s office evaluates protective order violation cases, what evidence it considers sufficient for the §25.07 charge, and how it coordinates with the bond revocation proceeding in the underlying case. Mark Hull has practiced criminal defense in Hays County for over 20 years.

Protective order violation cases involve the §25.07 criminal charge, the bond revocation in the underlying case, and often a pending family law proceeding as well. These three tracks require coordinated defense by an attorney who practices in all three courts. We carry a 5.0 rating across 363 Google reviews and have achieved Over 930 dismissals or rejected cases since 2021 across Central Texas courts.

◆ Trial-Tested Criminal Defense

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

◆ Former State Prosecutor on Staff

Allison Tisdale prosecuted criminal cases as a Texas state prosecutor. She knows how DA Kelly Higgins’s office builds these cases — and where they fall apart.

◆ Tried Cases to Verdict in Hays County

When the evidence supports going to trial, we go. That changes how the prosecution values every prior negotiation.

◆ Over 930 dismissals or rejected cases since 2021

Hays County, Travis County, Williamson County — across all charge types and levels.

Over 930dismissal or rejected cases since 2021
5.0Google Rating (363 Reviews)
20+Years in Hays County Courts

Protective Order Violation FAQ — Hays County & San Marcos

Common questions about protective order violations in Texas — answered with specific statute citations and Hays County court details.

A protective order violation under Penal Code §25.07 occurs when a person subject to a protective order violates a condition of that order — including no-contact provisions, distance restrictions, residence exclusions, and firearms prohibitions. The violation can be communication by any means (phone call, text, email, social media, through a third party), a physical approach within a prohibited distance, return to a shared residence, or possession of a firearm in violation of a federal prohibition attached to the order. A first violation is a Class A misdemeanor; a second violation or a violation of a sexual assault or stalking order is a third-degree felony.

A first violation of a protective order under §25.07 is a Class A misdemeanor: up to one year in jail and a $4,000 fine. A second or subsequent violation, or a first violation of an order that was issued because of a sexual assault or stalking charge, is a third-degree felony: 2–10 years in TDCJ and up to $10,000 fine. The criminal charge is separate from any bond revocation proceeding in an underlying assault case — a single contact can result in both a new criminal charge and revocation of the bond in the original case.

No. Once DA Kelly Higgins’s office files a §25.07 charge, the State of Texas is the party to the case, not the protected party. The prosecution can and does proceed even when the protected party requests dismissal or claims they initiated the contact. The prosecution uses phone records, text message records, surveillance footage, and other evidence that does not require the protected party’s cooperation. The protected party cannot unilaterally end the prosecution.

Yes — a protective order can be modified or terminated by the court that issued it. The person subject to the order can file a motion to modify or terminate. For modification, the court evaluates whether changed circumstances justify adjusting specific conditions — for example, creating a structured protocol for child exchanges without violating the no-contact provision. For termination, the protected party must consent and the court must find good cause. We evaluate modification and termination in every protective order case where circumstances support it.

A protective order violation when you are on bond for an underlying assault or family violence case triggers two simultaneous proceedings: the new §25.07 criminal charge, and a bond revocation motion in the underlying assault case. The bond revocation can result in being held without bond pending the underlying case. We address both proceedings simultaneously — the bond revocation on an emergency basis to prevent pretrial detention, and the §25.07 charge on the full defense track.

It matters to the defense but does not eliminate the violation. The protective order imposes an obligation on the person subject to it, not on the protected party. If the protected party contacts you and you respond, the response is a violation regardless of who initiated the contact. However, the protected party’s initiation of contact is highly relevant evidence: it goes to your intent, the context of the contact, and the characterization of the conduct as a willful violation. We document and present this evidence at every hearing where the protected party initiated the communication.

Yes — protective order violation charges can be dismissed when the violation is not proven, the order itself has defects, the contact was not intentional or was the result of the protected party’s initiation, or the prosecution agrees to dismiss in exchange for modification of the order terms. We evaluate every available defense angle on every §25.07 case and pursue dismissal as the primary objective. Call 737-937-5786 immediately — the earlier we are involved, the better the outcome options.

Most first violations of a protective order are a Class A misdemeanor under §25.07. However, the violation becomes a third-degree felony (2–10 years TDCJ) in two circumstances: (1) when the defendant has a prior conviction under §25.07 for violating the same or another protective order; or (2) when the protective order was issued as a result of a sexual assault or stalking offense. The felony enhancement applies to the violation itself — it does not require that the current violation be violent or physically threatening.

Criminal Defense Resources — San Marcos & Hays County

Related pages covering criminal defense charges in San Marcos and Hays County.

Assault Defense Hub

All assault charge types in Hays County — the underlying basis for most protective orders.

Family Violence Defense

The family violence charge that generates most protective orders in Hays County.

Jail Release

Bond revocation following a protective order violation — emergency release defense.

Probation Violations

Bond condition violations that parallel protective order violations in Hays County.

Simple Assault Defense

Class A misdemeanor assault — the most common basis for Hays County protective orders.

Criminal Defense San Marcos

Full criminal defense hub for San Marcos — all charge types in Hays County.

Expungement San Marcos

Clearing dismissed charges from your record under Texas Chapter 55.

Hays County Courts Guide

Guide to the Hays County Courts at Law and Family Court.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across 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. I see exactly why they received multiple awards for best law firm in the state.”

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. I highly recommend Mark Hull and The Hull Firm.”

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.”

Protective Order Violation in San Marcos or Hays County? Call Now.

One contact can trigger two separate proceedings. We address both immediately. Call 737-937-5786 — 24 hours a day, 7 days a week.

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For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.

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