Magistrate’s Order of Emergency Protection
Texas Code of Criminal Procedure § 2.09 establishes that the magistrates in Texas include all of the following officers: Justices of the Supreme Court, judges of the Court of Criminal Appeals, justices of the Courts of Appeals, judges of the District Court, associate judges appointed by the judges of the district courts and the statutory county courts of Williamson County, county judges, judges of the county courts at law, judges of the county criminal courts, judges of statutory probate courts, associate judges appointed by the judges of the statutory probate courts, associate judges appointed by the judge of a district court, justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns. Essentially, the Lone Star State considers any type of judge a magistrate.
A magistrate’s order of emergency protection is different from a protective order issued under the Texas Family Code in that an emergency order does not require a hearing, does not require the alleged offender and alleged victim to have a specific relationship, and may be issued before the alleged offender is released from confinement.
While an emergency protection order (EPO) is at the discretion of the court when an alleged criminal offense involves family violence, sexual assault, aggravated sexual assault, or stalking, such orders are mandatory for offenses involving family violence with serious bodily injury or display or use of a deadly weapon.
Attorney for Magistrate’s Order of Emergency Protection in Georgetown, TX
If an emergency order for protection is being sought or has been issued against you in Central Texas, it is in your best interest to retain legal counsel as soon as possible.
Law Office of Price & Wiggins, P.C. defends clients accused of domestic violence crimes in Georgetown, Belton, Taylor, Hutto, Round Rock, and many surrounding areas of Bell County and Williamson County.
Georgetown criminal defense lawyer Michael J. Price will work tirelessly to help you achieve the most favorable outcome to your case that carries the fewest possible consequences. Call (512) 354-1880 today to have our attorney provide a complete evaluation during a free initial consultation.
Texas Magistrate’s Order of Emergency Protection Information Center
- Who can seek an emergency protection order?
- How long do emergency orders remain in effect?
- Where can I find more information about magistrate’s orders of emergency protection in Georgetown?
Texas Family Code § 17.292(a) establishes that at an alleged offender’s appearance following an arrest for family violence, trafficking of persons, continuous trafficking of persons, sexual assault, aggravated sexual assault, or stalking, a magistrate can issue an order for emergency protection on that magistrate’s own motion or on the request of:
- the victim of the offense;
- the guardian of the victim;
- a peace officer; or
- the attorney representing the state.
A hearing is note required in order for a magistrate to issue an emergency protection order. Under Texas Family Code § 17.292(c), the emergency order can prohibit the alleged offender from:
- committing family violence or an assault on the person protected under the order;
- committing an act in furtherance of a trafficking of persons or stalking offense;
- communicating directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner;
- communicating a threat through any person to a member of the family or household or to the person protected under the order;
- communicating if the magistrate finds good cause, in any manner with a person protected under the order or a member of the family or household of a person protected under the order, except through the party’s attorney or a person appointed by the court;
- going to or near the residence, place of employment, or business of a member of the family or household or of the person protected under the order;
- going to or near the residence, child care facility, or school where a child protected under the order resides or attends; or
- possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.
Texas Family Code § 17.292(j) states that an order for emergency protection order issued on the magistrate’s own motion or on the request of one of the aforementioned parties, or an order issued for an offense involving family violence that also involves serious bodily injury to the victim remains in effect up to the 91st day but not less than 61 days after the date of issuance.
An emergency order for an offense involving family violence that also involved the use or exhibition of a deadly weapon during the commission of an assault remains in effect up to the 91st day but not less than 61 days after the date of issuance.
After notice to each affected party and a hearing, the issuing court can modify all or part of an emergency protection order issued if it finds that:
- the order as originally issued is unworkable;
- the modification will not place the victim of the offense at greater risk than did the original order; and
- the modification will not in any way endanger a person protected under the order.
The most effective methods for having an emergency order lifted can vary depending on the specific aspects of a person’s criminal case. In some cases, the alleged offender may file an affidavit from the victim requesting a change of the protective order or a motion to modify the protective order, but other cases may filing an amended order or requesting a hearing with the presiding magistrate.
Williamson County | Emergency Protective Order — Use this section of the Williamson County website to find additional information about emergency protective orders. You can learn more about what happens when a person wants an order terminated or lifted or wants the criminal charges dropped. You can also request a modification of an emergency protective order.Magistrate Information
405 Martin Luther King St., Box 19
Georgetown, TX 78626
Emergency Protective Orders | Texas Advocacy Project — The Texas Advocacy Project is an Austin-based statewide nonprofit, legal organization with the mission “to prevent domestic and dating violence, sexual assault, and stalking throughout Texas through free legal services, access to the justice system, and education.” Use this website to learn more about how emergency protective orders work in Texas. You can also find answers to frequently asked questions.
Find a Magistrate’s Order of Emergency Protection Defense Lawyer in Georgetown, TX
Has a court in Central Texas issued an emergency order for protection against you? You will want to immediately contact Law Office of Price & Wiggins, P.C..
Michael J. Price is an experienced criminal defense attorney in Georgetown who helps individuals in communities all over Williamson County and Bell County, including Temple, Cedar Park, Leander, Harker Heights, Killeen, and several others.
You can have our lawyer review your case and help you understand all of your legal options when you call (512) 354-1880 or submit an online contact form to set up a free, confidential consultation.