Emergency Protective Order Texas — How to File Same Day
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Table of Contents
Emergency Protective Order basics
- Source. Texas Code of Criminal Procedure Art. 17.292
- Trigger. Family violence arrest
- Issued at arraignment. Magistrate or judge issues
- Same-day protection. Effective immediately
- Duration. 31-91 days depending on circumstances
- Standard duration. 61 days for most cases
- Extended. Up to 91 days when deadly weapon or serious bodily injury
- No application needed by victim. Automatic
- Bridges to longer protection. Application for Family Code Chapter 85 PO during EPO period
When EPOs apply
Texas Code of Criminal Procedure Art. 17.292(a) requires EPO at arraignment when defendant arrested for:
- Family violence offense. Defined in Texas Family Code Chapter 71
- Stalking. Penal Code §42.072
- Sexual assault. Penal Code §22.011, §22.021
- Aggravated sexual assault
- Trafficking offenses involving family violence
Magistrate must consider EPO at arraignment; can issue based on circumstances.
EPO standard terms
- No contact with alleged victim. Direct or indirect
- Geographic restrictions. Distance from victim, residence, workplace
- No family violence prohibitions
- Firearm prohibition. Surrender to court or law enforcement
- Communication prohibitions. Including through children, third parties
- Children-specific provisions. When applicable
- Workplace restrictions
- School restrictions when children involved
- Other restrictions as appropriate
Bridging to longer protection
- EPO provides immediate protection. 31-91 days
- Victim files for Family Code Chapter 85 PO during EPO. Longer protection
- Chapter 85 PO hearing scheduled. Typically within 14-20 days of filing
- EPO continues until Chapter 85 hearing
- If Chapter 85 PO granted. Up to 2 years protection (longer in some circumstances)
- If Chapter 85 PO denied. EPO continues to expiration; no further automatic protection
- Victim can refile if new family violence
Defendant considerations during EPO
- Strict compliance essential. Violations are Penal Code §25.07 offenses
- Firearm surrender immediate. Required
- No contact period absolute. Even when victim initiates
- Housing considerations. May need alternative residence
- Children's contact through approved channels only
- Workplace adjustments possibly needed
- Coordinate with criminal defense counsel
- Document compliance carefully
- Prepare for Chapter 85 PO hearing during EPO
- Bail conditions often parallel
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What's a Texas Emergency Protective Order?
Court order issued at arraignment after family violence arrest under Texas Code of Criminal Procedure Art. 17.292. Same-day immediate protection. Duration 31-91 days (61 days standard; 91 days with deadly weapon or serious injury). Automatic — no victim application needed.
How do I get an Emergency Protective Order in Texas?
EPOs are issued automatically at arraignment when defendant is arrested for family violence, stalking, or sexual assault. No victim application needed. Magistrate considers EPO at arraignment based on circumstances. Victim can request specific terms.
How long does a Texas Emergency Protective Order last?
31-91 days under Texas CCP Art. 17.292. Standard 61 days for most cases. Up to 91 days when deadly weapon used or serious bodily injury caused. Victim can file for Family Code Chapter 85 PO during this period for longer protection.
What happens if I violate a Texas EPO?
Texas Penal Code §25.07 violation — Class A misdemeanor (up to 1 year jail; $4,000 fine). Enhanced to third-degree felony with prior conviction or when violation involves additional family violence assault. Substantial bail revocation and criminal consequences.
Can EPO terms be modified in Texas?
Limited modification options. Original magistrate or judge can modify based on circumstances. Standard EPO terms (no contact, distance, firearm) generally not modified during 31-91 day duration. Major modifications typically require Family Code Chapter 85 PO hearing.
