The state accuses the defendant of having committed the offense of violation of a protective order.

Relevant Statutes

A person commits the offense of violation of a protective order if, in violation of a protective order issued under [specify source of authority, e.g., article 17.292 of the Texas Code of Criminal Procedure], at a hearing that the person attended or that was held after the person received notice or service of the application for a protective order and notice of the hearing, the person intentionally or knowingly commits an act against a member of his family or household that was intended to result in bodily injury and the person intentionally, knowingly, or recklessly caused bodily injury.

Definitions

Act

“Act” means a bodily movement.

Bodily Injury

“Bodily injury” means physical pain, illness, or any impairment of physical condition.

Intentionally Commits an Act against Another

A person intentionally commits an act against another when it is his conscious objective or desire to engage in that act against another.

Knowingly Commits an Act against Another

A person knowingly commits an act against another when he is aware that he is committing that act against another.

Intending an Act to Result in Bodily Injury to Another

A person intends an act to result in bodily injury to another when it is his conscious objective or desire to cause bodily injury.

Intentionally Causes Bodily Injury to Another

A person intentionally causes bodily injury to another when it is his conscious objective or desire to cause bodily injury to another.

Knowingly Causes Bodily Injury to Another

A person knowingly causes bodily injury to another when he is aware that his conduct was reasonably certain to cause bodily injury to another.

Recklessly Causes Bodily Injury to Another

A person recklessly causes bodily injury to another when the person is aware of but consciously disregards a substantial and unjustifiable risk that the person’s action will cause bodily injury to another. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

Knows the Other Person Was a Member of the Defendant’s Family or Household

A person knows the other person is a member of the defendant’s family or household when he is aware that the other person is a member of his family or household.

Family

A “family” includes individuals related by consanguinity or affinity, former spouses of each other, individuals who are the parents of the same child, and foster child and parent.

Related by Consanguinity

Two individuals are “related to each other by consanguinity” if one is a descendant of [or shares a common ancestor with] the other.

Related by Affinity

Two individuals are “related to each other by affinity” if one is married to the other or the person’s spouse is related by consanguinity to the other individual. [A marriage’s end by divorce or a spouse’s death ends relationships by affinity that the marriage created unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.]

Household

A “household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

[Include the following if raised by the evidence.]

Member of a Household

A “member of a household” or “household member” includes a person who previously lived in a household.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, six elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], intentionally or knowingly committed an act against [name] that the defendant intended to result in bodily injury to [name];

2. by that act the defendant intentionally, knowingly, or recklessly caused bodily injury to name by [specify manner and means, e.g., pushing or striking name with the defendant’s hand];
3. [name] was a member of the defendant’s family or household;
4. the defendant knew name was a member of the defendant’s family or household;
5. the defendant’s conduct violated a protective order issued by [name of issuing judge] of the [name and number of court] of [county] County, Texas on [date of order] under authority of [specify source of authority, e.g., article 17.292 of the Texas Code of Criminal Procedure]; and
6. the order was issued after a hearing—
   1. that the defendant attended; [and/or]
   2. that was held after the defendant received notice of or received service of the application for a protective order and notice of the hearing.

You must all agree on elements 1, 2, 3, 4, 5, and 6 listed above. With regard to element 1, you do not have to agree whether the act was committed intentionally or knowingly. With regard to element 2, you do not have to agree whether the act was committed intentionally, knowingly, or recklessly. [Include if alternative manners and means are alleged: You also do not have to agree whether element 2 is proven by [specify alternatives, e.g., pushing or striking.]] You do not have to agree whether element 6 is proven by 6.a or 6.b.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, 4, 5, and 6 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, all of the elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]