Code of Criminal Procedure · Art. 17.291

Magistrate's Order for Emergency Protection (MOEP)

Magistrate may issue an emergency protective order at magistration following arrest for FV/sex-assault/stalking/trafficking offense. Remains in effect at least 61 and up to 91 days; at least 91 and up to 121 days if the offense involved the use or exhibition of a deadly weapon during an assault (art. 17.292(j)). Mandatory when the arrest involves serious bodily injury or a deadly weapon (art. 17.292(b)).

The base classification is Magistrate-issued protective order, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Issued by magistrate at defendant's appearance after arrest for a family-violence offense
  • Default (and SBI cases): 61 to 91 days
  • Deadly weapon used or exhibited in an assault: 91 to 121 days
  • Mandatory for SBI or deadly weapon (art. 17.292(b))
Texas Law — Charge Details
Protective Order
Offense
Magistrate's Order for Emergency Protection (MOEP)
Statute
Tex. Code Crim. Proc. art. 17.291–17.292
Classification
Magistrate-issued protective order

Magistrate may issue an emergency protective order at magistration following arrest for FV/sex-assault/stalking/trafficking offense. Remains in effect at least 61 and up to 91 days; at least 91 and up to 121 days if the offense involved the use or exhibition of a deadly weapon during an assault (art. 17.292(j)). Mandatory when the arrest involves serious bodily injury or a deadly weapon (art. 17.292(b)).

Potential Penalty Enhancements
If this condition applies…Charge escalates to
Knowingly violating MOEPClass A misdemeanor (3rd degree if priors / assaultive violation)

Learn more about this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

Under Art. 17.292, a magistrate's order for emergency protection (MOEP) issued after a family-violence arrest remains in effect for:

  1. 24 hours
  2. At least 61 and up to 91 days; at least 91 and up to 121 days if the offense involved the use or exhibition of a deadly weapon during an assault Correct
  3. 5 years
  4. Until further order with no minimum
Why: Art. 17.292(j): an order issued under Subsection (a) or (b)(1) remains in effect up to the 91st day but not less than 61 days after issuance; an order issued under (b)(2) — an offense involving the use or exhibition of a deadly weapon during an assault — remains in effect up to the 121st day but not less than 91 days. The magistrate shall issue the order when the arrest involves serious bodily injury or a deadly weapon (art. 17.292(b)).
Statute: Tex. Code Crim. Proc. art. 17.291–17.292; art. 17.292(j)

Statutory definitions for this topic

Magistrate's order for emergency protection (MOEP) Tex. Code Crim. Proc. art. 17.291–17.292
A protective order issued at magistration following arrest for a family-violence, sexual-assault, stalking, trafficking, or related offense. Remains in effect at least 61 and up to 91 days; at least 91 and up to 121 days if the offense involved the use or exhibition of a deadly weapon during an assault (art. 17.292(j)).