In this article, you can discover…
- What an emergency protective order is, and what it entails.
- Whether protective orders can be extended beyond their initial timeframe.
- How a defense attorney can help you respond to and navigate a protective order.
What Is An Emergency Protective Order Under Texas Law?
An Emergency Protective Order (EPO) is an order handed down by the court that requires you to have no contact with the alleged complainant. The EPO may also require you to have no contact with the complainant’s children or family, and this may include your own children.
An EPO could restrict you from coming within 500 feet of the complainant’s home and workplace, and could also restrict you from their children’s school or daycare. You could also be required to wear a GPS monitor, among other conditions.
What Happens If I Violate The Requirements Of An EPO?
If you violate the requirements of an EPO, you’ll be facing a Class A misdemeanor, which can lead to up to one year in jail or two years of probation. If you violate the EPO a second or third time within 12 months, you’ll be facing a third-degree felony, which can lead to two to 10 years in prison or up to 10 years of probation.
This is why it’s so important to understand exactly what you can not do under the terms of an EPO. Remember, you’re not fighting the EPO, but the charges that lead to it.
How Long Does A Protective Order Typically Remain In Effect, And Can It Be Extended?
Typically, an EPO is in effect for 60 to 90 days, and this can not be extended. How long this EPO lasts is up to the discretion of the judge who hands it down.
However, the DA’s office can file for a long-term protective order if they feel it’s needed, or an alleged complainant can file for the order themselves with the help of an attorney. These long-term protective orders typically last between one and two years. In much more serious cases involving murder or sexual assault, a lifetime protective order may be issued.
In order to secure a more permanent protective order, a victim will have to follow a civil process. The victim will have to give you notice of that process, and you will have the right to attend the hearing for that request and testify. However, it’s best to speak with your attorney at length about what to say and if it’s wise to attend, as anything said during that civil hearing can be used against you in your criminal case.
Attorney Jonathan Lowe is a focused, determined criminal defense and family law attorney serving Texas. Since 2014, he’s helped clients just like you navigate a protective order, protect their futures, and work toward the best legal results possible.
Have questions, or in need of legal representation? Reach out to The Lowe Law Office, PLLC for an initial consultation today.
Will A Protective Order Appear On Background Checks?
While a protective order will not typically appear on a routine background check, it is possible your employer may learn about the EPO through online sources or databases. The police, on the other hand, will be able to see that an EPO has been issued against you when they check your ID, as they will need to know if you are violating the order.
Can A Protective Order Be Terminated Or Modified?
Yes, your attorney can file a motion to terminate the protective order early or modify its conditions. For example, if the alleged victim has already moved out of your shared home, your lawyer can request that you be allowed to move back in, so long as you continue to abide by the other terms of the EPO.
In many cases, if you need a modification, I can contact the alleged victim to get something in writing verifying that they are ok with the modification being proposed. This can give a judge more incentive to modify the EPO, allowing you greater freedom of movement or fewer restrictions on your daily activities.
How Can A Defense Attorney Help Me Respond To And Navigate A Protective Order?
It is critical to allow a criminal defense attorney to help you. So many people now turn to ChatGPT, but this software has no idea who the judge is, who the prosecutor is, and whether it’s best to seek to modify an EPO or else save that fight for the main charges you’re facing.
It’s incredibly easy to anger the prosecutor or the judge, making it impossible to get a better deal on your case. And alone, it’s easy to try to fight every small battle and lose sight of the overall legal goal. With an attorney’s help, you’ll get tailored guidance and strategizing that can help you win in the long term.
An experienced attorney who practices locally knows the local courts. They know what will be effective to help you get the best outcome possible. Ideally, with a lawyer’s help, you may be able to have the EPO terminated, allowing you to return home, see your kids, and resume a more normal life. This is the kind of legal guidance you simply can’t find on the internet.
Still Have Questions? Ready To Get Started?
For more information on protective orders in Texas after an arrest, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 369-9666 today.
Attorney Jonathan Lowe is a focused, determined criminal defense and family law attorney serving Texas. Since 2014, he’s helped clients just like you navigate a protective order, protect their futures, and work toward the best legal results possible.
Have questions, or in need of legal representation? Reach out to The Lowe Law Office, PLLC for an initial consultation today.
