What can I do if the abuser violates the order?
An abuser can violate a protective order by disobeying any of the restrictions in the order.
If you believe that the abuser has violated the protective order, you can immediately call 911 and the abuser can be arrested. Under Texas law, a law enforcement officer must arrest the abuser if the officer witnesses a protective order violation, and may arrest the abuser if the order is violated outside of the officer’s presence.1 When the police arrive, it is usually a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it could help you have the order extended or modified in the future.
Violation of a protective order can be a class A misdemeanor, a state jail felony, or a felony in the third degree depending on various factors.2 In addition, both temporary ex parte orders and permanent protective orders state that a violation of the order can be considered “contempt of court” with a punishment of up to $500, a jail sentence of up to six months, or both. The orders also state that if a person commits an “act” that is forbidden in the order, s/he can be punished by a fine of up to $4,000, a jail sentence up to one year, or both. If the “act” committed results in family violence, the abuser can be prosecuted separately for that crime. If s/he commits a felony, s/he can be sentenced to prison for at least two years.3
For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.
1 Tex. C.C.P. Art. 14.03(a)(3), (b)
2 Tex. Penal Code § 25.07(g)
3 Tex. Fam. Code § 85.026