Violation of Protective Order Preventing Offenses Caused by Bias or Prejudice
Chapter 25 of the Texas Penal Code places restrictions and guidelines on offenses dealing with the family.
“Violation of Protective Order Preventing Offenses Caused by Bias or Prejudice”, as per § 25.071 of the Texas Penal Code, occurs when, in violation of an order issued under Article 6.08, Code of Criminal Procedure, a person knowingly or intentionally:
- commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;
- communicates directly with a protected individual in a threatening or harassing manner;
- communicates a threat through any person to a protected individual; or
- communicates in any manner with the protected individual, if the order prohibits any communication with a protected individual; or
- goes to or near the residence or place of employment or business of a protected individual.
An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault, in which event the offense is a third degree felony.
Punishment Range
Misdemeanor A
- Confinement in jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
Third Degree Felony
- Imprisonment in the institutional division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000