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MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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Is it a misdemeanor or a felony to violate an emergency protective

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Is it a misdemeanor or a felony to violate an emergency protective order that was issued for DV?

Hello and thank you for your question.

It may be either depending on the circumstances of the violation.

Under Texas Penal Code 25.07 which may be found here violation of a protective order "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 or the offense of stalking, in which event the offense is a third degree felony."

Please feel free to ask any follow-up questions.

Customer: replied 4 years ago.
Would showing up at my house in the middle if the night constitute stalking?
The offense of stalking under Texas Penal Code 42.072 requires more than one occasion. The statute may be found here

Therefore, showing up at your house in the middle of the night would not itself constitute stalking, although that incident might support a stalking a charge if it occurred again and the other elements of the offense are met.

Let me know if you need any further information.
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