No, since the no-contact order is issued to another party, a victim can’t violate it. Legally, there isn’t anything preventing the victim from making contact even if it tempts the accused to violate the no-contact order.

If you’ve been issued a no-contact order, you are prohibited from contacting the victim no matter how hard they try to reach you. In case they continue actively bothering you, you need to contact your criminal defense attorney for a consultation.

What Is a No Contact Order?

A no-contact order, also known as a restraining order, is an official instruction from the court that limits the type of contact a person can make with another person. These orders are usually issued when there is a case of domestic violence or an assault on a family member.

The purpose of a no-contact order is to protect one person from the violent actions of another. However, they often turn into tools that accompany false allegations. For example, a spouse can get a no-contact order against another spouse not because of violence, but as an attempt to gain custody.

If they falsely accuse you of domestic violence and receive a no-contact order, you must speak to an attorney. An experienced criminal defense lawyer can dispute the order and protect your rights in a domestic violence case.

While, by itself, a no-contact order doesn’t lead to penalties, breaking one does. That’s why you have to be careful when following the rules stated in the order. It will specify the distance you must keep from the victim. Usually, this order means that you can’t come close to the person even if you are in a public place together.

What to Do if a Victim Violates a No Contact Order

If you’ve been issued a no-contact order, you must follow its rules to the letter. In case a victim tries to contact you, you have to ignore the attempts according to the order. Even if the person is insistingly trying to make contact with you, they can’t get in trouble for violating the order simply because it’s impossible to violate an order issued to someone else.

As soon as the victim tries to contact you for the first time, you have to inform your criminal defense attorney. Besides giving you advice on how to proceed in this situation, your lawyer may start collecting evidence against the victim to charge them with harassment or even stalking.

Continuous attempts to contact you are an indication of a problem. If they continue pursuing you, you have the right to defend yourself.  

Harassment

According to the Texas Penal Code – § 42.07, they can charge a person with harassment if with an intent to harass, annoy, or abuse another person, they (among other things) do the following:

• Initiate communication and during the interaction make obscene comments or proposals
• Make threats that are reasonably likely to alarm a person
• Makes repeated telephone communications in a harassing manner
• Sends electronic communications in a harassing manner

If the victim does any of the above, they are breaking the law. Usually, harassment is a class B misdemeanor that is penalized by fines and/or jail time. It also goes on the person’s criminal record.

Stalking

Texas law forbids a person to engage in repeated behavior that causes another person to feel fear.  Accordingly, if the victim makes continuous threats and causes you to fear for your life or the lives of your loved ones, they are subject to penalty.

Stalking is a felony. If it happens for the first time, it’s a second-degree felony. Continuous offenses can turn it into a first-degree felony. Penalties for these felonies include at least 2 years in jail and/or a fine of up to $10,000.

If the victim is breaking the law by harassing and stalking you, you must act wisely through your attorney. Otherwise, you may risk breaking the no-contact order and facing the consequences.

Penalties for Violating a No Contact Order

They cannot punish a victim for violating a no-contact order, however, you can. No matter how inappropriately a victim behaves, if you break the rules, you could be convicted of a Class A misdemeanor.

If you violate the no-contact order for the first time, the court is likely to give you probation. However, you could still be subject to the maximum penalty, which is up to one year in jail, a $4,000 fine, or both.

In case you’ve violated no contact orders before, the charge could be increased to a third-degree felony. This can come with 2-10 years in prison and a $10,000 fine.

If you are charged with violating a no-contact order, the first step is to call your attorney. They can investigate the situation and build a strong defense. The common arguments against these charges include:

• Unawareness – if you weren’t aware of the no-contact order, you couldn’t follow its rules.
• Intention – an attorney may try to prove that you didn’t intend to contact the victim
• False accusation – it may be possible to prove that the victim isn’t telling the truth about the violation

If you violated the no-contact order because the victim reached out to you first, it could be hard to prove your innocence. That’s why it’s imperative to contact your attorney the moment you receive any type of communication from the victim.

No-Contact Order Attorney in Texas

If a victim takes out a restraining order against you, you need legal assistance. A criminal defense attorney can dispute the order and prevent related legal consequences.

In case the victim violates the order and tries to contact you, you must stay away and speak to your lawyer as soon as possible. They cannot punish a victim for violating your order, however, they can charge the victim with pursuing you unlawfully.

At Starr Law, P.C., we work hard to protect your rights. Mr. Starr and his legal team can help you dispute restraining orders, prevent no-contact order violations, and maximize the chances of fair legal outcomes.

To schedule a free consultation, please call us at any time.