Emergency Protective Orders

An Emergency Protective Order (EPO) is a criminally enforceable court order that can be issued against the abuser following an arrest on a family violence offense. The victim is not required to be present in court when the order is issued, and there is no separate application process required of the victim.

For orders made on or after September 1, 2025, the magistrate can set the order to last between 61 and 91 days. If a deadly weapon was used in the incident, the order must last at least 91 days and can be up to 121 days.

If an order was issued prior to September 1, 2025, the magistrate may issue the order for a minimum of 31 days and a maximum of 91 days. When a deadly weapon has been used, the order must be issued for a minimum of 61 days.

An emergency protective order (EPO) is available only at the time of an arrest for a crime involving family violence or sexual assault. It is temporary and emergency in nature and cannot be extended.

The EPO can be requested in the following ways:

• By the victim of the alleged family violence offense;
• By a guardian of the victim;
• By an attorney representing the state; and/or
• By a peace officer.
• The court may also issue the order on its own motion and, in certain circumstances, the order will be mandated by law.

Sometimes you are not told right away if a judge issued an EPO. This can happen if the EPO is requested by the police or prosecutor, or if the judge issues it without anyone asking.

You may be informed about an EPO:

• By a judge after the defendant’s arrest
• Through a copy of the order provided in person or by mail
• By a prosecutor, victim advocate, or victim services provider after the order is issued

Yes, you have the right to get a copy of the EPO issued to protect you. You may request a copy by visiting the clerk’s office where the arrest happened or by contacting the prosecutor’s office or your victim advocate, if you have one. Be sure to keep a copy of the EPO with you or on your phone.

An EPO is mandatory if the offender is arrested for an offense that involved either:

• serious bodily injury (as defined by the Texas Penal Code § 1.07(a)(46)), or
• the use or exhibition of a deadly weapon during the commission of an assault.

In Texas, assault generally refers to intentionally causing physical harm to another person, such as by hitting, kicking, or pushing. In some cases, even threatening to hurt someone may be considered assault.

Violating an EPO is a criminal offense. Victims should call the police immediately if the abuser violates the EPO. The abuser may be arrested and charged with additional crimes, including contempt of court or violation of a protective order, which can be a felony. Document all violations, even minor ones—this helps build a stronger case for a long-term Protective Order or criminal charge.

1. Committing family violence or an act in furtherance of an offense under 42.07(a)(7) of the Texas Penal Code (stalking).
2. Communicating directly with the victim or with a member of the victim’s family or household in a threatening or harassing manner; and/or communicating a threat through any other person to the victim or member of the victim’s family/household.
3. Going within a minimum distance (usually 200 yards) of the victim or member of the victim’s families:

• Residence
• Place of employment
• Childcare facilities and/or schools

Even with an Emergency Protective Order, safety planning is essential. Consider things such as:

• Changing locks or passwords, installing security cameras or smart doorbells.
• Avoiding predictable routines (e.g., vary routes to work or school).
• Alerting trusted friends, neighbors, or coworkers about the situation.
• Consider relocating temporarily if you’re in immediate danger.
• Using safety apps like myPlan, Noonlight, Aspire News, or Bright Sky for discreet support.

Survivors with uncertain immigration status may fear engaging with the legal system. It is important to remember that:

• You can request an Emergency Protective Order if you are undocumented. Emergency Protective Orders can be granted regardless of immigration status.
• Status of immigration status is not required to file for protection or receive services.
• Survivors may qualify for legal protections such as U Visas or VAWA relief. Contact legal aid or an immigration attorney for more information.

Many survivors are immigrants or don’t speak English as their first language. It is important to remember:

• You have the right to an interpreter in court.
• If you need help in your language, let the responding officer, judge, or advocate know as early as possible.
• Many legal aid and domestic violence programs offer language support.

Once the EPO expires, it no longer protects you. The abuser is no longer required to stay away from you, unless you have another protective order in place.

What if the abuser lives with me?

• The judge can order the abuser to leave your home, even if their name is on the deed or lease (a kick-out order)

What if I don’t want an EPO?

• You won’t get in trouble if you don’t want the order, but sometimes the judge has to give you an EPO to protect you, even if you don’t ask for it. You can tell the prosecutor, but the judge may still issue the order to help keep you safe.

What if I want more protection after the EPO ends?

• An EPO only lasts a short amount of time. If you still feel unsafe, you can ask for a Protective Order that can last up to 2 years or more. You do not have to wait for the EPO to end to seek a Protective Order.

What if there hasn’t been an arrest yet?

• If you feel unsafe and need to be protected from your abuser, you may file an application for a Protective Order even if there has been no arrest for family violence. Often, your district or county attorney can help you seek a Protective Order. You can find an updated list of Texas district and county attorney offices here: https://www.txdirectory.com/online/da/