Emergency protective orders after an arrest

When is an emergency protective order issued?

At the defendant's appearance before a magistrate after an arrest for an offense involving family violence, or for certain offenses such as stalking, sexual assault or trafficking. The magistrate may issue it on the magistrate's own motion or at the request of the alleged victim, a guardian, a peace officer or the prosecutor. It is mandatory when the arrest involves serious bodily injury, or the use or display of a deadly weapon during an assault.

What changed in 2025?

Source: SB 2196 (89th Legislature, Regular Session), effective September 1, 2025. Orders issued before that date keep the old durations.

What can an emergency order prohibit?

Committing family violence or stalking; communicating with the protected person in a threatening or harassing way, or at all if the order says so; going to or near the protected person's home, school, workplace or a child care facility; and possessing a firearm, unless you are a peace officer on duty. It can also suspend a handgun license.

Can it be changed?

After notice and a hearing, the court that issued the order can modify it if it finds the order is unworkable, the change will not put the victim at greater risk, and the change will not endanger anyone protected by the order (17.292(j)). Until then, follow it exactly.

What if I violate it?

Violating an emergency order is a Class A misdemeanor under Penal Code 25.07, and a felony in some situations. It can also lead to bond revocation in the underlying case.

Who asks for an emergency protective order?

At magistration, the order can be issued on the magistrate's own motion or at the request of the alleged victim, the victim's guardian, a peace officer or the prosecutor (Code of Criminal Procedure 17.292). In cases involving serious bodily injury or the use or exhibition of a deadly weapon, the magistrate must issue one.

How does it affect firearms?

An emergency order can prohibit possessing a firearm, and Texas law makes it a crime to possess a firearm while subject to an order under article 17.292, unless the person is a peace officer acting in an official capacity (Penal Code 46.04(c)). If you own firearms, ask your lawyer how to store or transfer them lawfully.

What if the order conflicts with my living situation?

An emergency order can require you to stay away from your home, even if you own it or are on the lease, and from places like the alleged victim's workplace or a child's school. Arrange for belongings only through the method your order allows, such as a police standby. Do not rely on the protected person's permission.

How do I ask to change it?

The court that issued the order, or the court with jurisdiction over the case, can modify it after notice and a hearing (17.292). A motion to modify should explain the specific change requested and why it is consistent with safety, such as arranging contact through a third party for children.

Checklist after an emergency order

• Read the order and note the expiration date.
• Find another place to stay if the order requires it.
• Do not contact the protected person in any way, including through friends or social media.
• Talk to a lawyer about the criminal case and any separate protective order application.

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

How is the order served and when does it take effect?

An order for emergency protection takes effect when it is issued. The magistrate or the magistrate's designee must serve the defendant with a copy in person or electronically and keep a separate record of service (Code of Criminal Procedure 17.292(j)). Read the copy you are given right away, because some conditions, such as staying away from a residence, may apply before you leave the jail.

What is the standard for changing the order?

After notice to each affected party and a hearing, the court that issued the order may modify all or part of it if it finds that the order as issued is unworkable, that the change will not place the victim at greater risk than the original order and that the change will not endanger anyone protected by the order (17.292(j)). A request supported by specific facts, such as shared children, a shared lease or a shared workplace, is more likely to be heard than a general request to lift the order.

Does the emergency order affect a later protective order case?

It can. A separate application for a protective order under the Family Code may be filed while the emergency order is in effect, and a hearing on that application is generally set within 14 days of filing (Family Code 84.001). The two orders can overlap, and each must be followed.

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026