Emergency Protective Orders in Texas: What to Know After a Family Violence Arrest
You bond out after a family violence arrest and find out you can’t go home, can’t call your spouse, can’t see your kids, and can’t keep your guns. That’s an emergency protective order, and it took effect before you ever saw a judge.
In Texas, an emergency protective order (EPO) is a court order a magistrate can issue right after an arrest for family violence, sexual assault, stalking, or trafficking. The formal name is a magistrate’s order for emergency protection (MOEP), under Article 17.292 of the Texas Code of Criminal Procedure. It can bar contact with the alleged victim, keep you away from your own home, override a custody order, and suspend your handgun license. It typically lasts 31 to 91 days.
Here’s what an EPO can do, how long it lasts, what happens if it’s violated, and what your options are in Fort Worth and Tarrant County.
When is an emergency protective order issued?
An EPO is usually issued at the magistrate hearing after arrest, often before you’re released from jail. There are two paths:
- Discretionary: After an arrest for family violence, sexual assault, indecent assault, stalking, or trafficking, the magistrate may issue an order. The magistrate can act on their own or at the request of the alleged victim, a guardian, a peace officer, or the prosecutor.
- Mandatory: After a family violence arrest, the magistrate must issue an order if the offense involved serious bodily injury or the use or display of a deadly weapon during an assault. The alleged victim doesn’t have to ask for it.
Many people first learn about the order when they’re served a copy at release. It takes effect as soon as it’s issued.
Is an EPO separate from the criminal case?
Yes. The EPO is its own court order that runs alongside your criminal case. It restricts what you can do while the charge is pending, regardless of how strong the state’s evidence is. A dismissal down the road doesn’t undo a violation committed while the order was active.
An EPO is also separate from your bond conditions, although the two often overlap. Judges in family violence cases commonly add no-contact rules to the bond as well, and those can outlast the EPO. Our guide to Texas bond conditions covers how those rules work.
What can an emergency protective order prohibit?
The exact terms are on the signed order, so read every line. Under Article 17.292, a magistrate can prohibit you from:
- Committing family violence or assault against the protected person, or acts furthering stalking or trafficking
- Contacting the protected person. This can bar threatening or harassing communication or, for good cause, any contact at all except through an attorney or a court-appointed person. Calls, texts, social media messages, and messages passed through friends all count.
- Going to or near certain places, including the protected person’s home, workplace, or business, and a protected child’s home, school, or child care facility. The order must describe the locations and any minimum distance.
- Possessing a firearm. Active, full-time peace officers are exempt.
- Tracking or monitoring the protected person’s vehicle or property, by app, device, or physically following them
The magistrate can also order GPS monitoring.
You may not be able to go home
If the protected person lives with you, an order to stay away from their residence keeps you out of your own home, even if you own it or your name is on the lease. Arrange to collect belongings through a peace officer or your attorney, never on your own.
Your handgun license will be suspended
When an EPO is issued, the magistrate must suspend any license to carry a handgun you hold. If the order bans firearm possession, you’ll need to store or transfer your guns lawfully while the order is in effect. Ask your attorney how before you move them.
The EPO can override a custody order
If an existing court order gives you possession of or access to a child and the EPO conflicts with it, the EPO prevails for its full duration under Article 17.292(f). A visitation schedule from your divorce or custody case doesn’t protect you if the EPO bars contact.
How long does an emergency protective order last?
Article 17.292 sets the duration:
- 31 to 61 days for most orders
- 61 to 91 days when the offense involved the use or display of a deadly weapon
The expiration date is on the order. When it ends, nothing renews it automatically, but the alleged victim or the state can still seek a longer protective order in a separate case.
Can an emergency protective order be changed or lifted?
Sometimes, but not informally. The court that issued the order can modify it only after notice to each affected party and a hearing, and only if it finds that:
- The order as written is unworkable
- The change won’t put the victim at greater risk
- The change won’t endanger anyone protected by the order
A common example is a schedule that makes it impossible to get to work or retrieve essential property. An attorney can file for a modification and present the evidence the court needs.
Emergency protective orders vs. other Texas protective orders
| Order | Who issues it | Hearing before it’s issued? | How long it lasts |
|---|---|---|---|
| Emergency protective order (MOEP) | Magistrate, after an arrest | No | 31–61 days, or 61–91 days with a deadly weapon |
| Temporary ex parte protective order | Civil court, on an application | No | Up to 20 days, renewable (Family Code §83.002) |
| Final protective order | Civil court, after a full hearing | Yes | Generally up to 2 years, longer in some cases (Family Code §85.025) |
A final protective order is where the stakes rise. It can last years, and the respondent has the right to contest it at a hearing. If a civil protective order is filed against you while your criminal case is pending, talk to a Fort Worth protective order attorney before the hearing. What you say there can be used in your criminal case.
What happens if you violate an emergency protective order?
Violating an EPO is a separate crime under Texas Penal Code §25.07, on top of the original charge.
- Class A misdemeanor by default, punishable by up to a year in jail
- Third-degree felony if you have two or more prior convictions for violating a protective order or bond conditions, or if the violation involves an assault or stalking
Covered conduct includes prohibited contact, going near a listed location, possessing a firearm, tampering with a GPS monitor, and tracking the protected person. A violation can also lead the court to raise or revoke your bond in the original case.
What if the protected person contacts you first?
The order still applies. Under §25.07(d), reconciliation or agreements between the people affected don’t change the order’s validity.
The protected person can’t be arrested for violating their own order, but you can be arrested for answering their call, replying to their text, or going home when they invite you.
If the protected person wants the order changed, the right path is a motion and a hearing, not a phone call.
What to do if you’ve been served with an emergency protective order
- Read the order closely. Note who’s protected, every listed location, the distance requirements, whether all contact is barred, and the expiration date.
- Comply immediately. Don’t go home, don’t reply to messages, and don’t ask friends to pass anything along.
- Deal with firearms lawfully. Get legal advice before moving or transferring any guns.
- Save everything. Keep any messages the protected person sends you, but don’t answer them.
- Call a defense attorney. The EPO, your bond conditions, and the criminal case all affect each other, and decisions in the first few weeks shape all three.
Facing an EPO after a family violence arrest in Tarrant County?
Cole Paschall Law defends people charged with domestic violence and family violence assault across Fort Worth and Tarrant County. Shawn Paschall is Board Certified in Criminal Law and spent nine years as a felony prosecutor, including in Tarrant County. He knows how these cases are built from the arrest forward. When you call, you talk directly to an attorney, 24 hours a day.
If you or a family member was just arrested, start with our Fort Worth jail release attorneys, or call (817) 477-4100 now.
FAQs
How long does an emergency protective order last in Texas?
Most emergency protective orders last 31 to 61 days. When the offense involved the use or display of a deadly weapon, the order lasts 61 to 91 days. The expiration date is printed on the order.
Is violating an emergency protective order a crime?
Yes. Violating an EPO is a separate offense under Texas Penal Code §25.07. It’s a Class A misdemeanor in most cases and a third-degree felony with two prior violation convictions or when the violation involves assault or stalking.
Can I contact the alleged victim if they reach out first?
No, not if the order bars contact. Agreements or reconciliation between the parties don’t change the order, and responding can lead to a new charge.
Can an emergency protective order affect child custody or visitation?
Yes. If the EPO conflicts with an existing custody or visitation order, the EPO controls for as long as it’s in effect.
Will an emergency protective order affect my guns?
Yes. The magistrate must suspend any handgun license you hold, and the order can bar you from possessing firearms while it’s in effect.
Can an emergency protective order be lifted early?
The issuing court can modify an EPO only after notice and a hearing, and only if the order is unworkable and the change won’t increase the risk to the protected person. Agreements between the parties don’t count.
What’s the difference between an EPO and a final protective order?
A magistrate issues an EPO after an arrest, with no hearing, for up to 91 days. A final protective order comes from a civil case after a full hearing and generally lasts up to two years.
