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. 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: Issued by magistrate at magistration following arrest for FV offense; Default duration: 31 to 61 days; Aggravated (SBI or deadly weapon): 61 to 91 days.

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

  • Issued by magistrate at magistration following arrest for FV offense
  • Default duration: 31 to 61 days
  • Aggravated (SBI or deadly weapon): 61 to 91 days
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

Under Art. 17.291, in a family-violence arrest a magistrate may issue an emergency protective order (MOEP) effective for:

  1. 24 hours
  2. Not less than 31 days and not more than 61 days; not less than 61 nor more than 91 days where deadly weapon used or serious bodily injury caused Correct
  3. 5 years
  4. Until further order with no minimum
Why: A magistrate's order for emergency protection (MOEP) is generally effective for not less than 31 nor more than 61 days. If the offense involved serious bodily injury or use/exhibition of a deadly weapon, the order is effective for not less than 61 nor more than 91 days.
Statute: Tex. Code Crim. Proc. art. 17.291–17.292; CCP 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. Default duration 31 to 61 days; 61 to 91 days if SBI or deadly weapon involved.