A Violation of Protective Order (VPO) is a Class A Misdemeanor, unless it is a Third Degree Felony, which is the case if the actor 1) has been previously convicted of a VPO two or more previous times OR 2) is accused of committing two or more violations in the last twelve months, OR 3) violates the protective order by assault or stalking.
Most protective orders, emergency or otherwise, prohibit the Respondent from going within 200 yards of the protected person (or some version of that). Violating this provision alone is not a criminal offense, though it may be contempt of court if the judge so finds at a hearing, but it is NOT a criminal offense without more.
Texas Penal Code Section 25.07 provides that a person commits VPO if…
the defendant violates a condition of bond for an assault family violence (AFV), sexual or indecent assault, stalking, or trafficking case and that condition is related to victim or community safety;
the defendant violates a Magistrate’s Order for Emergency Protection, a Temporary Ex Party Protective Order IF the order has been served on the person, a Protective Order, or an Out-of-State Protective Order by:
committing family violence
committing an act in furtherance of trafficking of persons, sexual assault, indecent assault, agg sex assault, or stalking
communicating with the protected person or a member of their family or household in a threatening or harassing manner
relaying a threat, through someone else, to the protected person or a member of their family or household
communicating with the protected person or a member of their family or household except through an attorney or a court appointed person IF this provision exists in the order
going to or near the protected party’s (or protected child or household or family member’s) residence, place of employment/business , or childcare facility/school IF it is specifically described
possessing a firearm
harming, threatening, or interfering with the care, custody, control of a pet, companion or assistance animal in the protected person’s possession
removing, attempting to remove, or tampering with a gps monitoring system (defined by CCP art. 17.49).
IF YOU ARE TOGETHER IN A NON-PROTECTED PLACE AND NOT VIOLATING THE ORDER IN ONE OR MORE OF THE ABOVE NINE WAYS, YOU ARE NOT COMMITTING THE OFFENSE OF VIOLATION OF PROTECTIVE ORDER.