Family Code · 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. Default duration: 31 to 61 days. With SBI or deadly weapon: 61 to 91 days.

To prove this offense, the State must establish each of the following elements: MOEP: at magistration, post-arrest; 31–61 days (61–91 with aggravators); Family Code: civil application; up to 2 years (with lifetime exceptions); Both enforced via Penal §25.07 (Class A; 3rd degree with priors / assaultive violation).

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

Elements you must prove

  • MOEP: at magistration, post-arrest; 31–61 days (61–91 with aggravators)
  • Family Code: civil application; up to 2 years (with lifetime exceptions)
  • Both enforced via Penal §25.07 (Class A; 3rd degree with priors / assaultive violation)
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. Default duration: 31 to 61 days. With SBI or deadly weapon: 61 to 91 days.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Knowingly violating MOEPClass A misdemeanor (3rd degree if priors / assaultive violation)Tex. Penal Code §25.07

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Worked examples

Worked example 1

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?

  1. They are the same thing
  2. MOEP is issued at magistration following arrest for FV/sexual-assault/stalking/trafficking offense; default 31–61 days (61–91 with SBI/deadly weapon); a Family Code protective order is issued by a civil court on application, default up to 2 years Correct
  3. MOEP lasts longer than Family Code orders
  4. Only a Family Code order applies to firearms
Why: MOEP is criminal-court issued at magistration; Family Code orders are civil and require an application and (for final orders) a hearing. Both may overlap and both are enforceable under Penal Code §25.07.
Statute: Tex. Code Crim. Proc. art. 17.291–17.292; Tex. Fam. Code Title 4

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. Default duration 31 to 61 days; 61 to 91 days where serious bodily injury caused or deadly weapon used.