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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 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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