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)
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.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Knowingly violating MOEP | Class A misdemeanor (3rd degree if priors / assaultive violation) | Tex. Penal Code §25.07 |
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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 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
- 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. Default duration 31 to 61 days; 61 to 91 days where serious bodily injury caused or deadly weapon used.