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Can criminal charges be brought against me on the allegations of a protective order in Texas?
Anonymous5 views3 answers
I am going through a divorce and my wife has applied for a PO based on lies and the things she says are real bad and I want to make sure she cant try to have me arrested. she lives in Texas and I live in Oklahoma. The dates she uses in the PO are all a year ago.
Obviously if you violate the terms of the Protective Order you can face criminal charges. Regarding the facts she alleged in her Protective Order, it will depend on several factors: how long ago they occurred, where they occurred (Texas or Oklahoma) and will be at the discretion of the district attorney in that district. There may also be statutes of limitation that have expired.
I encourage you to talk to an attorney familiar with Protective Orders as well as criminal issues in the location these events are alleged to have occurred to get further advice. Most attorneys will offer a free initial consultation and should be able to tell you rather quickly whether you may be subject to criminal charges from her allegations.
Oklahoma will not prosecute an alleged criminal act that took place solely in TX. TX can, but if a year has passed it seems unlikely they would. Not impossible if someone lit a ire under the right person, but the longer it sits the better the odds of no prosecution.
A violation of a valid PO can be prosecuted in the state the violation occurs. A violation constitutes its own act and its own potential punishment.