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Collin County criminal defense attorney order of protection

Any relationship is bound to have some degree of conflict. However, when a conflict between romantic partners, roommates, or relatives escalates, an individual may be accused of “family violence.” The state of Texas takes allegations of family violence and child abuse very seriously. Consequently, an individual accused of family violence or domestic violence can face harsh criminal consequences. If you have been accused of harming a family member or household member, you may be subject to a Magistrate’s Order of Emergency Protection (MOEP). If someone has filed an MOEP against you, understanding your rights and obligations is essential. 

Texas Magistrate’s Order of Emergency Protection

A Magistrate’s Order of Emergency Protection is a court order that is used to protect an alleged victim of domestic violence or stalking from further harassment or abuse. These orders are often referred to as restraining orders or protection orders. In Texas, a judge or “magistrate” is required to issue a MOEP if someone is arrested for family violence involving a deadly weapon or resulting in serious bodily harm. A judge may also issue an MOEP if the order is requested by a law enforcement officer, prosecutor, alleged victim, or the guardian of an alleged victim.

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Allen criminal defense attorney domestic violence

Domestic violence is an ongoing concern for law enforcement officials, especially during the COVID-19 pandemic. Because of the increased stress that many people are feeling and the requirements to remain together in the same home without the chance to participate in normal activities, disagreements between family members may spiral out of control, leading to accusations of family violence. Other factors that may play a role in these cases include economic anxiety due to job loss or reductions in income, as well as increased rates of drug and alcohol abuse. While a single accusation of domestic assault can lead to consequences that may affect a person’s relationship with their children or other family members, repeated instances of alleged family violence can lead to even more serious criminal charges in Texas.

Understanding Continuous Family Violence Charges

In many cases, a person accused of family violence will be charged with domestic assault. This type of assault may be committed against a spouse, a person’s children, other family members, people living in the same household, or a person in a dating relationship with the accused. Assault is defined as knowingly, intentionally, or recklessly inflicting a bodily injury on a person, threatening to inflict bodily harm, or making physical contact that can be considered “offensive or provocative.” Domestic assault is typically charged as a Class A misdemeanor under Texas law.

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Allen criminal defense attorney order of protection

Relationships between spouses, family members, or people who live in the same household can sometimes be strained, and arguments or conflicts can escalate into situations involving accusations of family violence. If you have been accused of committing domestic violence, you should be aware that you could not only face criminal charges, but you may also be subject to a protective order (commonly known as a restraining order). The most common type of protective order that is issued in Texas is the Magistrate’s Order of Emergency Protection (MOEP), and it is important to understand when this type of order will apply and the effects it can have on your life.

Protective Orders Issued by Criminal Courts

If a person is arrested because of accusations of family violence, stalking, or sexual assault, a criminal court judge (known as a magistrate) may issue an emergency order of protection. A judge may issue an order based on his or her own discretion or following a request from an alleged victim, a peace officer, or a prosecutor. If an alleged family violence offense caused serious bodily injury to a victim or involved the use of a deadly weapon, a magistrate is required to issue an emergency protective order. 

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Plano domestic abuse attorney

The public health crisis that we have witnessed over the last few months caused by COVID-19 has resulted in numerous stay-at-home and shelter-in-place orders being declared throughout the nation, including in Texas. While many of these orders have been lifted or are on the way to being lifted, there is still one simple fact resulting from these challenging times: more and more people have been stranded at home than in the past. There are many consequences of this new normal, but one particularly prevalent result that cannot be overlooked is the likelihood of more domestic violence reports. If you find yourself facing such charges, a skilled criminal defense attorney can help you avoid a conviction. 

The Accuser Is Not Always Right

It is common for people to side with the person reporting domestic violence. That person is typically viewed as the victim, no matter what the evidence or lack thereof might suggest. However, the very factors that can contribute to surges in domestic violence reports during uncertain times like these may also be reasons that these claims could be found to be false or otherwise disproven in court. Here are a few examples of how that can occur:

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Collin County domestic violence attorney

From an outside perspective, it could seem as if a family violence case is open-and-shut in favor of the alleged victim and the prosecution, but the truth is that these cases are a lot more involved and complex than you might think. There are many elements of these types of allegations that can be legitimately and convincingly argued from both sides of the courtroom. In fact, criminal defense approaches and strategies for these types of charges can be especially effective for someone facing such serious accusations.

Effective Defense Strategies

An experienced criminal defense attorney will review the case thoroughly and examine all evidence. Some of the methods used to defend against family violence charges include:

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