Section 25.07 is one of the most heavily prosecuted offenses in Harris County, and one of the easiest to commit by accident. It criminalizes violating a protective order or a condition of bond in a family violence, child abuse or neglect, sexual assault, indecent assault, stalking, or trafficking case. The violation is a separate crime from whatever you were originally arrested for — and in many cases it is the charge that actually sticks, because it is far easier for the State to prove than the underlying assault.
Brian Foley is Board Certified in Criminal Law and served in the Harris County District Attorney's Domestic Violence Unit; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.
The order restrains you, not the protected person. If she calls you, texts you, asks you to come get your things, or shows up at your job — and you respond — you have committed a crime and she has not. Only the judge who signed the order can change it. Until then, every reply is a new Class A misdemeanor.
What Orders Does Section 25.07 Cover?
- Magistrate's Order for Emergency Protection (MOEP) — signed by the magistrate at the bond hearing after a family violence arrest, under Article 17.292 of the Code of Criminal Procedure. Typically 31 to 61 days, or up to 91 days if a deadly weapon was involved. Nearly every Harris County family violence arrest produces one.
- Protective orders under Title 4 of the Texas Family Code — obtained through a civil application, often lasting two years or more.
- Conditions of bond imposed under Articles 17.41 and 17.49, including no-contact conditions, stay-away distances, and GPS monitoring.
- Orders issued in stalking, sexual assault, indecent assault, trafficking, and child abuse or neglect cases.
What Counts as a Violation
The statute reaches a long list of conduct. The most commonly charged:
| Prohibited conduct | What it looks like in practice |
|---|---|
| Committing family violence or an assault | Any new assaultive act against the protected person |
| Communicating directly in a threatening or harassing manner | Angry texts, voicemails, or confrontations |
| Communicating in any manner, if the order says so | Texts, DMs, email, social media comments, tagging, letters — and messages relayed through a third party |
| Going to or near the residence, workplace, school, or childcare facility | Driving by, waiting outside, dropping off belongings |
| Possessing a firearm | Keeping a gun at home, or failing to surrender one |
| Harming or threatening a pet or assistance animal | Included by statute |
| Tracking or monitoring personal property or a vehicle | GPS trackers, AirTags, phone-tracking and "stalkerware" apps |
The single most important document in your case is the order itself. Some orders prohibit only threatening or harassing communication; many Harris County orders prohibit communication in any manner whatsoever. The difference decides the case, so bring us the order — or we will pull it.
Penalties
| Circumstance | Offense level | Punishment |
|---|---|---|
| Standard violation | Class A Misdemeanor | Up to 1 year in county jail, up to $4,000 fine |
| Two or more prior convictions under 25.07 | Third-Degree Felony | 2 – 10 years in prison, up to $10,000 fine |
| Violation committed by an assault or stalking offense | Third-Degree Felony | 2 – 10 years in prison, up to $10,000 fine |
| Repeated violations — Section 25.072 (two or more violations in 12 months) | Third-Degree Felony | 2 – 10 years in prison |
A violation also gives the State grounds to revoke your bond on the underlying case, which means going back into custody — often the most immediate consequence, and one that happens within days.
Contempt and Criminal Prosecution Are Separate
Violating a protective order can be punished as contempt of court by the judge who issued it and prosecuted as a crime under 25.07. They are different proceedings with different burdens, and one does not bar the other. A person can face jail for contempt in the civil court and a Class A misdemeanor in a County Criminal Court at Law for the same act.
Defenses to a 25.07 Charge
Lack of notice. The State must prove you knew about the order. If you were never served, never present when it was read, and never informed of its terms, the required mental state is missing. We obtain the service return and the magistrate's recording in every case.
The mental state. The statute requires a knowing or intentional violation. Accidentally encountering the protected person at a grocery store, a child's school event, or a family funeral is not a crime — and prosecutors regularly charge these situations anyway.
The order's actual terms. Prosecutors sometimes charge conduct the order did not prohibit. If the order barred only threatening or harassing communication, a neutral text about a child's medical appointment may not violate it.
Invalid or expired order. A MOEP that had lapsed, an order signed without the required findings, or an order later modified by the court cannot support a conviction for conduct outside its life.
Who actually sent it. Shared devices, shared accounts, old scheduled messages, and automated app notifications (including tagged photos and "memories") produce charges where the accused did not send anything.
Consent is not a defense — but it is evidence. The protected person's invitation does not make the contact lawful, but it matters enormously to a prosecutor deciding whether to dismiss, and to a jury deciding intent.
If the Protected Person Wants Contact Restored
This is common, and there is a lawful path: a motion to modify the protective order or bond conditions, filed in the court that issued it. The judge can permit peaceful contact, allow you to return home, or authorize contact for the purpose of child exchanges. Until that order is signed, nothing else — not a text from her, not an agreement between you, not a family member's assurance — makes contact legal. See our pages on protective orders and bond conditions.
Related Sections and Pages
- Assault Family Member — the charge that usually produces the order
- Houston Protective Order Attorney · Bond Conditions
- Section 25.11 — Continuous Violence Against the Family
- Texas Penal Code index
Charged Under 25.07 in Harris County?
A protective order violation is charged as a standalone Class A misdemeanor, filed in one of the sixteen County Criminal Courts at Law at 1201 Franklin Street, and it will usually be accompanied by a motion to revoke your bond on the original case. Do not explain yourself to police, and do not contact the protected person again — not even to apologize. Call or text (713) 703-1718 first.