Harvey v. State

A person commits the offense of violation of protective order if, “in violation of an order issued under [one of certain provisions of the Family Code or Code of Criminal Procedure], the person knowingly or intentionally commits family violence” or performs another prohibited act. See Penal Code section 25.07. 1 This appeal presents the question, Does the statute require a culpable mental state as to the element of “in violation of an order”?

I

The indictment in this case tracked the statute. 2 The defendant did not except to the indictment.

The court’s charge to the jury said, “A person commits…