Protective orders are civil court orders that are issued to prevent continuing acts of violence against alleged victims. Individuals who are subject to protective orders in Texas can see several of their civil rights affected, including typically being prohibited from possessing firearms.
It is important for alleged offenders to comply with the terms of protective orders as any violation can be a criminal offense that may result in misdemeanor or felony charges. Judges do not take kindly to people who fail to comply with lawful court orders and alleged offenders may face possible incarceration and fines in these cases.
Lawyer for Protective Orders and Firearm Prohibition in Georgetown
If a protective order has been issued or is being pursued against you, it is in your best interest to retain legal counsel as soon as possible. Price & Twine, PLLC represents clients in all kinds of domestic violence matters, including protection order hearings and alleged violations of protective orders.
Georgetown criminal defense attorney Michael J. Price represents alleged offenders in Cedar Park, Liberty Hill, Killeen, Georgetown, Temple, Round Rock, and many surrounding areas of Williamson County and Bell County. Call (512) 354-1880 to have our lawyer provide a complete evaluation of your case during a free, confidential consultation.
Texas Protective Orders and Firearm Prohibition Information Center
- Which kinds of protective orders can result in prohibition on firearm possession?
- What are the consequences of possessing a firearm when a person is subject to a protective order?
- Where can I learn more about protective orders and firearm prohibition in Georgetown?
Firearm Prohibitions Relating to Protective Orders in Williamson County
State law prohibits possession of a firearm by any person who is subject to any of the following types of protective orders:
- Protective order for victims of sexual assault or abuse, stalking, or trafficking under Chapter 7A of the Texas Code of Criminal Procedure;
- Magistrate’s order for emergency protection following an arrest for family violence, sexual assault, stalking, or human trafficking under Texas Code of Criminal Procedure § 17.292;
- Protective order for a party to a suit for dissolution of a marriage under Texas Family Code § 6.504;
- Temporary ex parte order for family violence under Texas Family Code § 83.001;
- Protective order applying to a person found to have committed family violence under Texas Family Code § 85.001; or
- Protective order issued by another jurisdiction under Chapter 88 of the Texas Family Code.
Texas Family Code § 85.026 states that every protective order issued in Texas—including a temporary ex parte orders—must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:
“A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH.”
“NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.”
“IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION.”
“A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.”
“NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.”
Protective Orders and Firearm Prohibition Penalties in Georgetown
Under Texas Penal Code § 25.07, it is a Class A misdemeanor if an alleged offender knowingly or intentionally possesses a firearm in violation of any of the protective orders listed above. A conviction is punishable by up to one year in jail and/or a fine of up to $4,000.
A violation of a court order can become a third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the alleged offender:
- has previously been convicted two or more times of a violation of a court order, two or more times of repeated violations of certain court orders or conditions of bond in family violence, sexual assault or abuse, stalking, or trafficking case, or has previously been convicted of a violation of a court order and a repeated violations of certain court orders or conditions of bond in family violence, sexual assault or abuse, stalking, or trafficking case; or
- has violated the order or condition of bond by committing an assault or the offense of stalking.
A person can also be charged with the Class A misdemeanor offense of unlawful possession of a firearm under Texas Penal Code § 46.04 if he or she possesses a firearm after receiving notice of a protective order and before expiration of the order.
Texas Protective Orders and Firearm Prohibition Resources
License to Carry a Handgun | Texas.gov — Visit this website to apply for or renew a license to carry a handgun in Texas. You can view a full 83-page PDF version of the Texas Handgun Licensing Laws and Selected Statutes. All applicants need a valid driver license or identification card, current demographic, address, contact, and employment information, valid email address, and valid credit card, although new users also need residential and employment information for the last five years as well as information regarding any psychiatric, drug, alcohol, or criminal history.
Restoration of Firearm Rights | Texas Department of Criminal Justice — View the application that people submit to the Texas Board of Pardons and Paroles for restoration of firearm rights. Some of the circumstances under which applicants may petition for restoration of their firearm rights include being convicted but sentences being deferred or being arrested but never convicted or having charges dropped. It is important for anybody applying for restoration of firearm rights to review the checklist near the end of this packet to make sure all necessary information has been included.
Price & Twine, PLLC | Georgetown Protective Orders and Firearm Prohibition Attorney
Has a protective order been issued or is one being sought against you in Central Texas? Make sure that your firearm rights are protected. Contact Price & Twine, PLLC today.
Michael J. Price is a criminal defense lawyer in Georgetown who defends clients all over Williamson County and Bell County, including Taylor, Hutto, Belton, Harker Heights, Leander, and several other nearby communities. He can review your case and discuss all of your legal options as soon as you call (512) 354-1880 or fill out an online contact form to schedule a free initial consultation.