When Is a Magistrate’s Order of Emergency Protection Issued in Texas?

 Posted on September 09, 2020 in Family Violence

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. 

An MOEP may place multiple restrictions on a criminal defendant, including prohibiting him or her from committing any acts of family violence or stalking. “Stay away” provisions in a protective order may specify that a defendant must not go within a certain distance of the home, workplace, school, or childcare facility of the alleged victim or the victim’s family members. A defendant may also be required to refrain from communicating with any of these people in a threatening manner, either directly indirectly, or committing acts of harassment. Finally, an MOEP must include provisions that prohibit a defendant from possessing a firearm and suspend a concealed handgun license while the order is in effect.

A magistrate’s order of emergency protection will take effect immediately after it is issued. A discretionary order will remain valid for 31 to 61 days, and a mandatory order will remain valid for 61 to 91 days. If there are any conflicts between a protective order and a previous child custody order, the restrictions put in place by an MOEP will take precedence. If an alleged victim pursues a protective order in family court, the terms of a final protective order issued under the Texas Family Code will take precedence over the MOEP. If a defendant violates the terms of a magistrate’s order of emergency protection, he or she may be charged with a Class A misdemeanor.

Contact Our Collin County Domestic Violence Defense Attorneys

If you have been arrested based on an accusation of domestic violence or abuse, you may not only be facing criminal charges, but a protective order may affect your living situation, your relationship with children or other family members, and many other areas of your life. To ensure that your rights are protected, you should contact the accomplished Plano criminal defense lawyers at the Law Offices of Biederman & Burleson P.L.L.C. We will help you defend against criminal charges and take steps to avoid the consequences related to a protective order. To set up a free consultation, call our office today at 469-333-3333.

Source:

https://www.txcourts.gov/media/478291/chapter4.pdf