How To Lift An Emergency Protective Order In Texas

Who Requests An EPO?

Emergency protective orders (EPO) are available to alleged victims in cases involving family violence, sexual assault, aggravated sexual assault, and stalking. An EPO can be requested in several different ways:

• By the alleged victim of an assault;
• By the guardian of an alleged victim of an assault;
• By an attorney for the state;
• By a peace officer on the alleged victim’s behalf;
• By the magistrate on the court’s own motion.

In general, an alleged victim, who is also the accuser in most cases, does not request the EPO in person before a judge, but rather it is done on their behalf by law enforcement. In fact, the alleged victim does not even need to be present in court for the EPO to be issued. If you or a loved one are facing an emergency protective order, it is crucial that you consult with us as soon as possible.

How Does An EPO affect me?

An EPO is an order put in place by a court that can restrict the rights of a person accused of a crime. That’s right–this affects people simply accused of crimes but not yet convicted. EPOs are put in place many times before a court ever hears your side of the story. An EPO is designed to prevent the accused of:

• Committing family violence, sexual assault, aggravated sexual assault, stalking.
• Communicating directly with the alleged victim or with a member of the alleged victim’s family or household in a threatening or harassing manner, and/or communicating a threat through another person to the alleged victim or member of the victim’s family or household.
• Going within a minimum distance of the alleged victim’s or member of the alleged victim’s family’s:
  • Residence
  • Place of Employment
  • Daycare or school

An EPO can keep you away from your own home and your own children making it vitally important to seek immediate help if you are facing an emergency protective order.

Mandatory Emergency Protective Orders

In certain situations, an EPO is mandatory, meaning that it must and will be granted. A mandatory EPO is put in place upon the arrest of the accused for any crime involving:

• Serious bodily injury, or
• The use or exhibition of a deadly weapon during an assault.

Under these circumstances, the EPO is mandatory but does not mean that it cannot be lifted with the help of an attorney.

How long does an Emergency Protective Order last?

An EPO can last as few as 31 days and as many as 91 days. Depending on the circumstances of the case, the judge will determine how long the EPO should last. If a deadly weapon, such as a knife or a firearm, was used or even alleged by the victim to have been used, the order must be for no less than 61 days. The judge has discretion about the length of the emergency protective order.

What happens if I violate the EPO?

It is a Class A Misdemeanor to violate an emergency protective order with the possibility of up to a year in jail and up to a $4000 fine. If the accused allegedly violates the EPO and has been previously convicted twice for EPO violations, or has violated the protective order by committing another alleged assault or stalking, the violation is then a Third Degree Felony punishable by two to ten years in prison and up to a $10,000 fine.

Can an EPO keep me away from my kids?

Yes. If an EPO is put in place it overrules any conflicting custody orders for the time period that the order is in effect. An example: an emergency protective order is issued and tells the accused (dad) that he cannot go within 200 yards of the alleged victim’s house (mom) and mom is the primary conservator for child custody purposes. The dad is supposed to have weekly visitation with his child according to the child custody order. The EPO does not prohibit dad from seeing his child, but it does forbid the accused from going to mom’s house to get the child. Our law firm can help ensure that you can see your child without being fearful that you will violate the EPO in place.

If you need help getting an EPO lifted, please give us a call today at 817.810.9395.