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., chapter 85, Texas Family Code], 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 knowingly or intentionally goes to or near the [insert specifics, e.g., place of employment] of a protected individual as specifically described in the protective order.

[Include the following if the evidence shows a magistrate, pursuant to Texas Family Code section 85.007 or Texas Code of Criminal Procedures article 17.292, excluded a description of the location from the order.]

If the state proves the elements of the offense, the defendant is guilty of the offense even if the protective order that was issued excluded the address or a specific description of the [protected individual’s residence/protected individual’s place of employment/protected individual’s place of business/the child care facility or school where a protected child attends or resides].

Definitions

Intentionally Go to or Near a Location

A person intentionally goes to or near a location when it is his conscious objective or desire to go to or near that location.

Knowingly Go to or Near a Location

A person knowingly goes to or near a location when he is aware that he is going to or near that location.

Knowing a Location Was the Protected Person’s [insert specifics, e.g., Place of Employment]

A person knows a location is the protected person’s [insert specifics, e.g., place of employment] when he is aware that the location is the protected person’s [insert specifics, e.g., place of employment].

Application of Law to Facts

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

1. a protective order was 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., chapter 85, Texas Family Code,] and named [protected person’s name] as a protected individual;
2. 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;
3. the order prohibited the defendant from going to or near the protected person’s [insert specifics, e.g., place of employment] as specifically described in the order;
4. the defendant, in [county] County, Texas, on or about [date], intentionally or knowingly went to or near [specify location, e.g., 123 Riverside Drive, Austin, TX 78701] [insert specifics, e.g., by going within 200 feet of that location];
5. [specify location, e.g., 123 Riverside Drive, Austin, TX 78701] was then [insert specifics, e.g., the place of employment] of [name];
6. the defendant knew it was name’s [insert specifics, e.g., place of employment]; and
7. going [insert specifics, e.g., within 200 feet of 123 Riverside Drive, Austin, TX 78701] was in violation of the protective order.

You must all agree on elements 1, 2, 3, 4, 5, 6, and 7 listed above. You do not have to agree whether element 2 is proven by 2.a or 2.b. With regard to element 4, you do not have to all agree whether going to or near the location was done intentionally or whether it was done knowingly.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, 4, 5, 6, and 7 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, all of the seven 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.]