Emergency Protective Orders After an Assault Arrest

A Beginner’s Guide to MOEPs and What They Mean for You in Texas

If you’ve just been arrested for assault or family violence in Texas, you may soon find yourself served with a court order you didn’t request, didn’t expect, and may not fully understand: an Emergency Protective Order, also known as a Magistrate’s Order for Emergency Protection (MOEP).

MOEPs are issued fast — often within hours of an arrest — and they can immediately impact where you live, who you can contact, and even whether you can see your children. But many people don’t realize that these orders are civil in nature with criminal consequences, and they must be taken seriously from the very beginning.

In this post, we’ll break down what an Emergency Protective Order is, how it works, how long it lasts, and why contacting a criminal defense attorney near you as soon as possible is the most important thing you can do after an arrest.

What Is a Magistrate’s Order for Emergency Protection (MOEP)?

A Magistrate’s Order for Emergency Protection (MOEP) is a temporary court order issued by a judge immediately following an arrest for family violence, assault, sexual assault, or stalking. It’s designed to provide short-term protection for the alleged victim, even before the case goes to court.

Unlike traditional protective orders that require a hearing, a MOEP is issued unilaterally by the magistrate, often without your side of the story being heard.

When Is an Emergency Protective Order Issued?

A judge may issue a MOEP under the following circumstances:

• Automatically after an arrest for family violence assault
• When requested by the alleged victim, a prosecutor, guardian, or peace officer
• When the alleged assault involved serious bodily injury or a deadly weapon

Under Texas Code of Criminal Procedure Article 17.292, certain MOEPs are mandatory — particularly when a deadly weapon was allegedly involved.

Even if the victim doesn’t want a protective order, the court may issue one anyway.

What Does an Emergency Protective Order Prohibit?

A MOEP can place immediate restrictions on your:

• Contact with the alleged victim (no calls, texts, emails, or third-party contact)
• Access to the victim’s home, workplace, or school
• Ability to return to your residence (even if it’s your home too)
• Right to possess or purchase firearms

These restrictions are legally enforceable, and any violation can result in new criminal charges under Texas Penal Code § 25.07 — even if the original assault charge hasn’t been proven in court.

How Long Does an Emergency Protective Order Last?

MOEPs typically last:

• 31 to 61 days for most family violence cases
• Up to 91 days if a deadly weapon was allegedly used

The exact expiration date will be listed on the order. However, the protected person can request an extension or file a separate petition for a final protective order, which may last up to 2 years or longer.

See: What Is a Protective Order and When Is It Issued?

Do You Get a Hearing or a Chance to Object?

Not at first. Emergency protective orders are issued without a hearing — but you do have the right to challenge the order in court. Your criminal defense attorney near you can file a motion to modify or rescind the MOEP, especially if:

• The alleged victim no longer wants the order
• The order creates housing or custody complications
• You have not been charged or indicted yet
• You need access to the shared residence for employment or care responsibilities

Time is critical — the longer the order remains in place, the more complicated your case may become.

Can an MOEP Affect Your Bail Conditions?

Yes. MOEPs often work in conjunction with your bond conditions. Violating a MOEP can result in:

• Revocation of your bond
• New criminal charges for violation of a protective order
• Stricter bond conditions (e.g., GPS monitoring, curfews, or home confinement)

In many cases, the judge may require compliance with the MOEP as a condition of staying out of jail pretrial.

Can You Still See Your Children?

Not necessarily. If the MOEP restricts contact with your home or the alleged victim, it may also limit your ability to see your children, especially if the children were present during the alleged incident or are listed as additional protected persons on the order.

Your lawyer near you may need to:

• File a motion to modify the order
• Request supervised visitation arrangements
• Present evidence showing you pose no danger to your children

What Happens If You Violate an Emergency Protective Order?

Violating any part of an MOEP is a separate criminal offense. Under Texas Penal Code § 25.07, a violation may be charged as:

• Class A misdemeanor (up to 1 year in jail, $4,000 fine)
• Third-degree felony for repeat violations or offenses involving violence or weapons

Even if the victim initiated contact, you can still be arrested and prosecuted for a violation. That’s why you should never attempt to “talk things out” without first consulting a criminal defense attorney near you.

See: False Allegations of Assault: How to Protect Yourself for tips on defending yourself when protective orders are misused.

Can an MOEP Be Used Against You in a Custody or Divorce Case?

Yes. Family law courts may consider MOEPs as evidence of family violence, even if you were never convicted of a crime. These orders can affect:

• Custody rights
• Visitation schedules
• Future restraining orders in family court

Your lawyer near you must address both the criminal and family law implications of the order.

Final Thoughts: Emergency Protective Orders Are Serious — and Defensible

Don’t underestimate the impact of an Emergency Protective Order. Even though it’s civil in nature, it can lead to serious criminal consequences, housing disruptions, and family complications if not handled quickly and carefully.

An experienced criminal defense attorney near you can challenge or modify the order, advise you on how to comply safely, and help you avoid further legal exposure.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you about protecting your rights after an assault arrest.

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