Legal Question in Criminal Law in Texas

I had a restraining order granted in Jan 2010 against my boyfriend. We were to have no contact at all. I gave in.

'i gave in to his" Im sorry" and "I have changed". But again now it has gotten worse. He is threatening to kill me and shot his guns on my street. I am scared to call the police because I broke the restraining order in seeing him. What can I do? How can I have him leave me alone? Can I get introuble...

He is calling my cell phone 75 times or more a day. He is texting me the threats all day and he has even started calling my job now.

i have 3 boys and I am really scared.


Asked on 5/17/10, 6:58 pm

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

Yes, you could get in trouble for violating the restraining order, but it sounds like it's more dangerous if you don't contact the police.

Tell them what you told me. And throw away your cel phone. We lived without them for thousands and thousands of years. Get rid of it. It's not important.

Read more
Answered on 5/23/10, 11:36 am
Bob Leonard Bob Leonard Law Group, PLLC

It sounds more like you have a PROTECTIVE order rather than a RESTRAINING order. If so, it is likely that YOU have not violated the order, but he has. You cannot give him permission to do so.

Regardless, your safety and well-being come first. Call the police. First, they cannot arrest you for violating a restraining order (if that is what it is). Restraining orders must be enforced in court and he does not have good facts on his side. Second, if it is a protective order, the police CAN enforce that and it does not matter what you told him.

Although you can get a new cell phone number, that will not help your work situation. Is your case still going on? If so, you need to get back in front of a judge to get him to stop. The judge can do that if the facts are as your presented.

Good luck to you.

Read more
Answered on 5/24/10, 8:56 am


Related Questions & Answers

More Criminal Law questions and answers in Texas