WHAT IS VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE IN TEXAS?
The law requires every person to follow applicable court orders and bond conditions for their pending criminal cases, but Texas law creates an additional, independent crime for violating protective orders or bond conditions in family violence, child abuse or neglect, sexual assault, indecent assault, stalking, and human trafficking cases. The conduct must be specifically prohibited by the protective order or conditions of bond.
- What are the required findings to issue a protective order in Texas? Texas law authorizes several types of protective orders. To issue a protective order under Chapter 85 of the Family Code, the judge must first find family violence has occurred, and is likely to occur in the future. The protective order may last between two years and life, and prohibit a person from:
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- assaulting the protected person;
- communicating directly with the protected person, or the protected person’s family or household member;
- communicating in a threatening or harassing manner with the protected person or the protected person’s family or household member;
- communicating a threat through any other person to the protected person, or a member of the protected person’s family or household;
- harming, threatening, or interfering with the protected person’s pet or companion animal;
- going to or near the protected person’s or protected person’s family’s residence, business, place of employment, or a protected child’s school or child care facility;
- possessing a firearm, unless the person is a peace officer.
- What are the possible bond conditions in family violence, child abuse, sexual assault, indecent assault, stalking, and human trafficking cases? Article 17.292 of the Texas Code of Criminal Procedure allows a magistrate to prohibit a person arrested for family violence, child abuse or neglect, sexual assault, indecent assault, stalking, and human trafficking offenses from:
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- committing another assault against the victim, or an act in furtherance of stalking or human trafficking;
- communicating directly with the victim, or the victim’s family or household member;
- communicating in a threatening or harassing manner with the victim or the victim’s family or household member;
- communicating a threat through any person to the victim, or a member of the victim’s family or household;
- harming, threatening, or interfering with the victim’s pet or companion animal;
- going to or near the victim’s or victim’s family’s residence, business, place of employment, or a protected child’s school or child care facility;
- possessing a firearm, unless the person is a peace officer.
- Will a global positioning monitoring system (“GPS”), such as an ankle monitor, be ordered as a bond condition A person arrested in Texas for family violence, child abuse or neglect, sexual assault, indecent assault, stalking, or human trafficking might be required to wear an ankle monitor as a condition of bond under Article 17.292 of the Texas Code of Criminal Procedure.Regardless of whether the magistrate orders an arrestee to wear a GPS monitor, the magistrate may prohibit the arrestee from going to or near specifically described locations, and any minimum distances the person must maintain for the safety of the victim.
WHAT IS THE VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE LAW IN TEXAS?
Tex. Penal Code § 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault (including aggravated sexual assault) or abuse (including indecency with a child), indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, or an order issued 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 20A.02, 22.011, 22.012, 22.021, or 42.072;
(2) communicates:
(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 violation is of an order described by this subsection and 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 or condition of bond:
(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 or condition of bond normally resides or attends;
(4) possesses a firearm;
(5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order or condition of bond; or
(6) removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system.
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(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, except the offense is:
(1) subject to Subdivision (2), a state jail felony if it is shown at the trial of the offense that the defendant violated an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, following the defendant’s conviction of or placement on deferred adjudication community supervision for an offense, if the order was issued with respect to a victim of that offense; or
(2) a felony of the third degree if it is shown on the trial of the offense that the defendant:
(A) has previously been convicted two or more times of an offense under this section or two or more times of an offense under Section 25.072, or has previously been convicted of an offense under this section and an offense under Section 25.072; or
(B) has violated the order or condition of bond by committing an assault or the offense of stalking.
(h) For purposes of Subsection (g), a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense under this section or Section 25.072 is considered to be a conviction under this section or Section 25.072, as applicable.
WHAT IS THE PENALTY CLASS FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE IN TEXAS?
By default, violating a protective order or bond condition in a family violence, child abuse, sexual assault, indecent assault, stalking, or human trafficking case is a Class A misdemeanor, punishable by up to one year in county jail. The penalty category increases, depending on the person’s conduct, and prior convictions.
- State jail felony, punishable by 180 days to two years in a state jail facility, if:
- a person is convicted of or placed on deferred adjudication for assault family violence, child abuse, sexual assault, indecent assault, stalking, or human trafficking, and
- violates a protective order with respect to the victim of that case.
- Third degree felony, punishable by two to ten years in prison, if:
- a person has been previously convicted two or more times of violating a protective order or condition of bond, or
- violates the protective order or condition of bond by committing assault or stalking.
WHAT IS THE PUNISHMENT RANGE FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE IN TEXAS?
The punishment range for violating a protective order or bond condition in a family violence, child abuse, sexual assault, indecent assault, stalking, or human trafficking case charged as a Class A misdemeanor is up to one year in jail, and a maximum fine of $4,000. If charged as a state jail felony, it carries between 180 days to two years in a state jail facility, and a maximum fine of $10,000. A person charged with a third degree felony faces between two and ten years in prison, and a maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE IN TEXAS?
A person charged with violating a protective order or bond condition in a family violence, child abuse, sexual assault, indecent assault, stalking, or human trafficking case may be eligible for probation after a conviction, or deferred adjudication without a conviction.
The maximum period of community supervision for a Class A misdemeanor is two years. A person may be placed on community supervision for a state jail felony for a period between two and five years, with the possibility of an extension for up to ten years. A person may be placed on community supervision for a third degree felony for no more than ten years.
WHAT ARE THE DEFENSES TO VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE IN TEXAS?
The statute does not authorize specific defenses to violating a protective order or bond condition in a family violence, child abuse, sexual assault, indecent assault, stalking, or human trafficking case. A person accused thereof may assert any defense in an attempt to negate at least one of the elements the State must prove at trial.
- What if the people affected by a protective order or bond condition reconciled or agreed not to follow the order? Texas law requires everyone to follow court orders and bond conditions pertaining to any criminal case in which they are the accused, regardless of whether the protected person and the accused, or subject of the protective order, reconcile. The law against violating protective orders and bond conditions explicitly states reconciliation and agreements do not affect the validity of protective orders, so a person who communicates with a victim or protected individual may be arrested for violating an order or bond condition.
- What if the accused did not read or get a copy of the protective order? Only a temporary ex parte protective order issued under Texas Family Code Section 83.001 must be served on a person before he can be accused of violating it. Otherwise, a person must only be served with a copy of the application for a protective order, and given notice of the hearing. If the person violates the protective order after it is issued, and has been served with the application and hearing notice, he cannot then claim lack of notice or knowledge. See Harvey v. State, 78 S.W.3d 368 (Tex. Crim. App. 2002).
WHAT IS THE STATUTE OF LIMITATIONS FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE IN TEXAS?
The limitation period for violation of a protective order or bond condition in a family violence, child abuse, sexual assault, indecent assault, stalking, or human trafficking case categorized as a Class A misdemeanor is two years. If the violation is a state jail felony or third degree felony, the limitation period is three years.
VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE IN TEXAS
The law against violating protective orders or bond conditions in family violence, child abuse, sexual assault, indecent assault, stalking, or human trafficking cases authorizes additional criminal penalties for failing to follow court orders. The Legislature created this law to protect victims of those crimes by deterring further contact from accused abusers.
TEXAS VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE COURT CASES
The case law regarding violations of protective orders or bond conditions in family violence, child abuse, sexual assault, indecent assault, stalking, or human trafficking cases in Texas explains the constitutionality of the statute.
- In Wagner v. State, the defendant was convicted of violating a protective order by communicating with his ex-wife in a threatening or harassing manner after repeatedly texting and emailing her for several days after she told him to stop. He argued on appeal the statute was unconstitutional. The Court of Criminal Appeals upheld the constitutionality, explaining harassment, even if in the form of speech, is not protected by the First Amendment.
