Restraining Orders

A magistrate’s order for emergency protection is issued by the criminal court after the abuser is arrested for committing family violence, sexual assault, sexual abuse, indecent assault, stalking, or trafficking.¹ This type of order is what most people call an “emergency protective order” or EPO.

The magistrate may issue an EPO if you are present in court and ask for one, but you do not have to be in the courtroom to get one.² You might also be granted an EPO if the magistrate decides to do so on their own, or upon the request of:

• your guardian;
• a police officer; or
• the state attorney or prosecutor.¹ 

Even if no one specifically requests it, the magistrate must issue an EPO if:

• the crime involved family violence that resulted in serious physical injury; or
• the abuser used or showed a deadly weapon during an assault.³

A magistrate’s order for emergency protection is usually good for 61 to 91 days. However, if the abuser was arrested for a crime that involves family violence where the abuser used or showed a deadly weapon during the assault, the order will last for 91 to 121 days.⁴

Note: The rest of the information in this Family Violence Protective Orders section refers to temporary and permanent protective orders that are issued when a victim goes to civil court - not this magistrate’s order.

¹ Texas Code of Crim. Proc. Art. 17.292(a)
² Texas Code of Crim. Proc. Art. 17.292(d)
³ Texas Code of Crim. Proc. Art. 17.292(a), (b)
⁴ Texas Code of Crim. Proc. Art. 17.292(j)