Former NBA champion J.R. Smith is prohibited from communicating with the woman who accused him of assault in Texas except through an attorney, under an emergency protective order.
A judge signed the order on Sept. 29, and its restrictions are scheduled to remain in effect through Dec. 29. The California Post published details of the court documents on Oct. 8.
Smith, 41, faces one count of assault causing bodily injury involving family violence. The woman has not been publicly identified.
His attorney, Justin A. Moore, told the Post in an earlier statement that Smith was eager to resolve the case and confident in the legal process. “He is presumed innocent,” Moore said, “and we will address this matter in Court.” The Post said Moore did not respond to its subsequent request for comment specifically about the order.
Smith Must Avoid Her Home and Workplace and Cannot Possess Guns
Smith must remain at least 333 yards, approximately 1,000 feet, from the woman’s residence and workplace, according to the Post’s account of the order. He is also prohibited from possessing firearms or ammunition.
Under Article 17.292 of the Texas Code of Criminal Procedure, a magistrate may issue an emergency protective order after a qualifying arrest on the court’s own initiative or following a request from the alleged victim, a guardian, police or a prosecutor. The protected person does not have to be present when it is issued.
October 2 Complaint Alleges Hitting, Grabbing or Pushing
A criminal complaint filed Oct. 2 alleges that Smith “intentionally, knowingly, or recklessly” caused bodily injury during a Sept. 18 encounter. According to the Post’s review of that document, he is accused of hitting, grabbing or pushing the woman with his hand.
The complaint describes her as a member of Smith’s family or household, or someone with whom he had a dating relationship. The Post also reported an allegation of “serious bodily injury” in its coverage of the protective order, without providing a detailed account of the injuries.
Under Section 22.01 of the Texas Penal Code, assault causing bodily injury is ordinarily a Class A misdemeanor, with specified circumstances allowing felony charges. Aggravated assault is a separate offense under Section 22.02; that charge has not been reported in Smith’s case.
A License Plate Alert Led to Smith’s Arrest
Royse City police arrested Smith on Sept. 28 after an automatic license plate reader alerted an officer to his vehicle on Interstate 30. A department spokesperson told Complex that the officer confirmed an active warrant from the Southlake Police Department before taking him into custody.
Smith was booked into the Hunt County Detention Center and released the following day on $5,000 bond, as Wealth of Geeks previously reported.