Case Summary - Noel Ronaldo Villareal v. State

Villareal began a dating relationship with Shannon Love. Their relationship developed and they occassionally stayed over at each other's residences. Eventually, though, the relationship soured. Villareal was eventually arrested for committing some type of family violence against Love. He was taken before Tarrant county magistrate who issued an emergency protective order enjoining Villareal from committing further acts of family violence. The protective order's definition of "family violence" did not include "dating violence". The jury was instructed, however, that "family violence" included "dating violence" and defined both terms.

In an unpublished opinion, the court of appeals affirmed Villareal's conviction. According to the court of appeals, the State was required to prove that Villreal committed an act of family violence as that term is defined in the Family Code and in violation of a protective order. [Here's a link to the court of appeals case info.]

The Court of Criminal Appeals affirmed. Villareal argued that his act of dating violence did not violate the protective order because the protective order only prohibited family violence. The CCA rejected the court of appeal's reasoning that the erroneous definition of family violence in the protective order was merely appended to the order and therefore not a part of the order. Instead, the Court held that a rational factfinder could have concluded that Villareal's assaultive conduct against Love was in violation of that order. Any reasonable person would have read the protective order as prohibiting assaultive conduct by Villareal against Love despite the deficient definition of family violence. [Here's a link to the Court of Criminal Appeals case info.]