Texas Violation of Protective Orders
Defending Protective Order Violations in Austin & Travis County
A violation of protective orders can be a much more serious legal issue than many individuals realize. While it is classified as a misdemeanor, the ramifications of violating a protective order can result in a range of punishments and the ability of an officer to arrest the violator solely on testimony from the primary protected person, or even someone who has knowledge of an attempt at communication. The order is effectively a court directive establishing that the principle named perpetrator has threatened or attacked the individual requesting the order and there is a possibility that an altercation endangering the requesting party may occur in the future. The order allows the state to press additional charges of contempt of court when it is directly violated. These cases are not always simple, and it is always best to have an Austin protective order attorney representing the case for anyone accused of a violation.
Call the firm today at (512) 359-3743 to schedule a free consultation! We handle cases in Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and beyond.
Testimony in Violation of Protective Orders Cases
Issues with suspected violations of protective orders often stem from exaggerated claims, especially when the necessity of the order is questionable. It takes minimal evidence to result in the issuance of a protective order, even though many are legitimate and provide some degree of protection to the requesting party. However, requests for protection can sometimes be based on frivolous testimony that exaggerates altercations.
The court will conduct a separate hearing to consider issuing the order, making it crucial to have an Austin protective order attorney representing the defendant, regardless of the gravity of the allegations. The defendant’s legal rights can be easily compromised when hearsay evidence is presented. It is not uncommon for the complaining party to have a corroborating witness in the absence of physical evidence. An experienced Austin protective order violation attorney can highlight these issues in defending against charges of violating protective orders in Travis County and Texas.
Consequences & the Stigma of Protective Order Violations
Protective orders are often issued as an alternative to charging the primary aggressor, particularly when the evidence is primarily oral. They are also commonly issued in clear cases of assault. Violations of protective orders can result in fines and mandatory educational requirements, with fines assessed according to the criminal code classification schedule. Serious violations, especially those involving physical attacks on the requesting party, can lead to jail time.
Having a protective order issued against an individual can also create long-term problems for the accused, such as difficulties securing certain types of employment or public housing. While some punishments might be nominal in minimal stress order cases, protective orders can remain in place for up to two years. Simply being inadvertently near the requesting party could technically constitute a violation, leading to multiple hearings, even in borderline cases. It is crucial to attend all hearings with legal counsel to navigate these complexities effectively.
Get Started with a 100% Free Consultation
Never go to court over a protective order violation in Texas without an experienced defense attorney, such as the professionals at Smith & Vinson Law Firm. The cases are rarely simple, even though the violation claims are often general. Always take an Austin protective order attorney who will protect your legal rights to defense of any claims whether they are criminal or not. It is an investment in your character as well as your freedom and criminal record.
Call today at (512) 359-3743 to schedule your free initial consultation.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation