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))
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)).
| If this condition applies… | Charge escalates to |
|---|---|
| Knowingly violating MOEP | Class A misdemeanor (3rd degree if priors / assaultive violation) |
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Worked examples
How does a Magistrate's Order for Emergency Protection (MOEP) under CCP art. 17.292 differ from a Family Code protective order under Title 4?
- They are the same thing
- MOEP is issued at magistration following arrest for an FV/sexual-assault/stalking/trafficking offense and lasts 61–91 days (91–121 if a deadly weapon was used or exhibited in an assault); a Family Code protective order is issued by a civil court on application, default up to 2 years Correct
- MOEP lasts longer than Family Code orders
- Only a Family Code order applies to firearms
Statutory definitions for this topic
- Magistrate's Order for Emergency Protection (MOEP) Tex. Code Crim. Proc. art. 17.291–17.292
- A criminal-court protective order issued at magistration following arrest for FV/sexual-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)).