Emergency Protective Orders in Texas

The moments after a family violence incident can be terrifying and overwhelming. As a victim, your immediate safety is the most important thing, and you may be unsure of where to turn for help or what the future consequences might be. In Texas, the law provides a vital tool for immediate, short-term protection: the Emergency Protective Order (EPO). An EPO is a temporary order issued by a judge or magistrate to keep a person safe from an abuser. Our family law attorneys understand the fear and uncertainty that comes with family violence, and our goal is to help you understand your options for protection in Texas. If an EPO has not already been issued, or if a more permanent protection is needed, the attorneys at South TX Family Law can represent you in court and prepare you for the process.

What is an Emergency Protective Order (EPO)?

An Emergency Protective Order (EPO) is a short-term, criminally enforceable court order that can be issued after a person has been arrested for a family violence offense. The purpose of the order is to protect the victim and their family members from the abuser. This order is a crucial first step toward safety, as it creates immediate legal consequences for the abuser if they violate its terms.

Unlike a civil Protective Order, an EPO can be put into place immediately and does not require a separate legal hearing or an application filed by the victim. It is typically requested by a peace officer or a prosecutor after an arrest for family violence, or it can be issued by a magistrate on their own initiative. Unlike a civil restraining order, the police can act immediately, without a contempt hearing, to arrest the person who violates an EPO or other protective order. An EPO is a powerful legal tool that provides quick protection for victims.

Who Can Get an Emergency Protective Order?

An EPO is issued to protect a person who is a victim of family violence, as defined in Texas Family Code § 71.004. The law defines family violence as an act against a family or household member that is intended to cause physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the person in fear of imminent harm.

The order protects not only the direct victim but also any member of their family or household, including children.

The Process of Obtaining an EPO in Texas

In Texas, an Emergency Protective Order is issued by a magistrate (a judge) after an arrest for family violence. This process is outlined in the Texas Code of Criminal Procedure, Article 17.292.

T1. Law Enforcement Response:

The process begins when police respond to a family violence call. If the officer determines that family violence has occurred, they will likely make an arrest. The officer can then request that a magistrate issue an EPO even before any court has found that person guilty of the assault. This is because the EPO is not seen as punishment for the crime, rather it is protection for the victim.

The Magistrate’s Review:

The magistrate will review the facts of the case, usually from the police report. Based on the information presented, the magistrate has the authority to issue an EPO. In some cases, the order is mandatory. For example, a magistrate shall issue an EPO if the family violence offense involved serious bodily injury or the use or exhibition of a deadly weapon during an assault.

The Order’s Contents:

The EPO will specify precisely what the arrested person is prohibited from doing. The order will be delivered to the arrested person, and a violation is a criminal offense.

What the EPO Prohibits

An Emergency Protective Order in Texas will almost always prohibit the abuser from:

Committing further acts of family violence.
Harassing, threatening, or contacting the victim or a member of their family.
Coming within a certain distance of the victim’s home, work, or children’s school or daycare.
Possessing a firearm.

If the abuser violates any of these conditions, they can be arrested and charged with a new crime, even if they have done nothing more than appear in the vicinity that is prohibited.

EPO vs. Civil Protective Order

It is crucial to understand that an emergency protective order (EPO) is a separate and distinct legal tool from a civil protective order. They serve different purposes and have different requirements. For example, an EPO is only valid for 31 to 61 days, or up to 90 days in specific cases, unlike a civil Protective Order (PO) that can be extended to up to two years or even to a lifetime in some cases.

Another significant difference between the EPO and civil protective order is that law enforcement or a prosecutor may file an EPO, and the victim does not have to be present at the time of filing. In contrast, a civil protective order requires an application be filed by the victim or a family member, and they must support that application with an affidavit and ultimately with testimony. A magistrate may issue (in the magistrate’s discretion) an EPO after an arrest for family violence, but a civil court judge must issue a Protective Order after a hearing to determine if there is sufficient evidence to support one.

Because an EPO is so short-term, it’s a vital first step, but it is not a permanent solution. Although an EPO is temporary, before it expires, with the right procedures in place, it can be followed by a hearing to establish a more permanent injunction or protective order. For long-term protection, it is best to hire an experienced family law attorney who can provide legal advice and guide you through the next legal steps. In order to secure a more long-term solution, the attorney can prepare the paperwork, argue persuasively in court, make sure your case is heard and that you get a copy of the order.

Your Path to Long-Term Safety

An EPO provides you with a crucial window of safety and a “cooling off period,” but to secure long-term protection for yourself and your family, you need to pursue a civil Protective Order. Obtaining this type of order is a more complex process that requires filing a formal petition with the court, officially serving papers on the opposing party, and testifying at a hearing. A judge in a Texas District Court will review evidence and listen to testimony to decide if a Protective Order should be granted.

An attorney can help you with this process by:

Preparing and filing the legal documents
Helping you gather and present evidence of family violence
Representing you in court
Insuring that you understand the results and get a copy of the resulting order

We are committed to upholding the rights and well-being of our clients at South TX Family Law. Our team is committed to helping you understand your legal options and guiding you through the process to achieve a lasting sense of security.

Our Compassionate Approach to Your Safety

At South TX Family Law, we know how sensitive and overwhelming issues of family violence can be. You should not have to face this alone. We are committed to your safety and well-being and will work diligently to ensure your family law matter is resolved quickly and efficiently. We will listen to your story with compassion and help you find the legal path that is right for you.