Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case: Texas Penal Code §25.07

The Texas Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case law gives police the right to arrest you if they believe you violated a court order or bond condition in a family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case in one of several particular ways.

The Texas legislature codified this criminal offense in Texas Penal Code Section 25.07. The legislature updated this law in 2023 by adding tracking and monitoring to the list of prohibited acts. In 2019, the legislature updated the name of the offense and added the offense of Indecent Assault to the group of offenses covered by this law and created an additional enhancement.

The Penal Code codifies the Texas Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case law under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.” This chapter includes crimes that focus on familial, parent, and spousal relationships. Some of the offenses relate to sexual or violent behavior, while others deal with custody and possession of children. Learn more about the Texas offense of Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case below.

What is the current Texas law about Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case?

The current Texas law defines the offense of Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case in Penal Code Section §25.07 as follows:^[1]

(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, 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;

(6) removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system; or

(7) tracks or monitors personal property or a motor vehicle in the possession of a protected individual or of a member of the family or household of a protected individual, without the individual’s effective consent, including by:

(A) using a tracking application on a personal electronic device in the possession of the protected individual or the family or household member or using a tracking device; or

(B) physically following the protected individual or family or household member or causing another to physically follow the individual or member.

(a-1) For purposes of Subsection (a)(5), possession of a pet, companion animal, or assistance animal by a person means:

(1) actual care, custody, control, or management of a pet, companion animal, or assistance animal by the person; or

(2) constructive possession of a pet, companion animal, or assistance animal owned by the person or for which the person has been the primary caregiver.

What changed in 2019

The legislature added the Indecent Assault language to the offense header and statute text in 2019^[2] so that the law would cover violations of court orders related to Indecent Assault. The legislature also created an enhancement.

What changed in 2023

In 2023, the legislature added subsection (7) to the statute.^[3]

How can I be charged with a Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case offense in Texas?

You can be charged with Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case in Texas if the state’s attorneys believe that each of the elements of 25.07 as described in the section above have been met.

What is the statute of limitation for Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case in Texas?

Misdemeanor level Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case charges have a two-year limitations period.^[4] Felony-level offenses have a three-year limitations period.^[5]

What is the penalty for a Texas Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case offense?

A conviction for Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Casein Texas is punished by default as a Class A misdemeanor, except the offense is a felony of the third degree if the state’s attorneys prove that the defendant: (A) has previously been convicted two or more times of this law or two or more times of an offense under Section 25.072, or has previously been convicted of a violation of this law 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.^[6]

The enhancement enacted in 2019

Also, effective September 1, 2019, the state may obtain an enhancement from the base Class A misdemeanor classification to the state jail felony level by proving that the defendant violated an order issued as a result of a protective order application under certain circumstances.^[7]

The 2021 amendments

In 2021, the legislature broadened the 2019 state jail felony enhancement by expanding the scope of the protective orders covered. The law that passed in 2019 covered only protective orders obtained by state prosecutors, but the 2021 amendment made the law cover all protective orders under Chapter 7B following a 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.^[8]

Can you get probation for Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case, and judges are also allowed to accept deferred adjudication plea deals.^[9]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[10] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[11]

Do I have to register as a sex offender in Texas if guilty of Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case?

The Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[12]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were founty guilty.

What level of crime is Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case in Texas?

The Penal Code classifies the punishment for Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case as a Class A misdemeanor, state jail felony, or third degree felony, depending on the circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §25.07. This law is current as of the 88th Legislature Regular Session.^2. SB 194, 86th Legislature (RS)^3. HB 2715, 88th Legislature (RS)^4. Code of Criminal Procedure 12.02(a)^5. See Code of Criminal Procedure 12.01(9)^6. Texas Penal Code §25.07(g)^7. Texas Penal Code §25.07(g)(1), as enacted by HB 1343, 86th Legislature, Section 4, and later amended in 2021^8. Texas Penal Code §25.07(g)(1), as enacted by HB 39, 87th Legislature, Section 11^9. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^10. Art. 42A.053(c), Texas Code of Criminal Procedure^11. Art. 42A.054(b), Texas Code of Criminal Procedure^12 Code of Criminal Procedure, Article 62.001