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. 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)

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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 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
  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. 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)).