If you were arrested and have an emergency protective order in place, these are the top five things you need to know about modifying it. My name is Justin Wilson. I’m the owner and founding attorney at My Dallas Criminal Lawyer, a criminal defense firm based in Frisco, Texas. Before starting the firm, I served as a prosecutor in the Collin County District Attorney’s Office.
After police arrest someone for assaulting a family member, a judge will often issue an emergency protective order that prevents the arrested person from going back home. It is possible, however, to modify the emergency protective order, but you need to know what Texas law requires.
1. Emergency Protective Orders Can Last Up to 91 Days
Emergency protective orders can last up to 91 days, keeping an arrested person away from their home and family members.
2. File the Motion in the Court That Issued the Order
The protective order can be modified by filing a motion and proposed order in the magistrate court that set your bond and issued the order.
3. The Complaining Witness Should Testify
The modification hearing will take place, and it is best to have the complaining witness there to testify.
4. What the Judge Must Find
Texas law requires the judge to find that the emergency protective order is unworkable and that the requested modifications will not place anyone at an increased risk of danger.
5. Counseling Helps
A commitment to counseling or anger management will help the judge feel more comfortable allowing the arrested person to return home.
Arrested for Assault Involving a Family Member?
If you’ve been arrested for assaulting a family member, call My Dallas Criminal Lawyer. We can help restore your life to normal and protect your future. From our Frisco office we handle these cases across Collin, Denton, and Dallas Counties. Call (214) 764-5535 to book your consultation today.
Learn more on our Frisco domestic violence defense page, or read about affidavits of non-prosecution.
Frequently Asked Questions
How long does an emergency protective order last in Texas?
An emergency protective order can last up to 91 days, keeping the arrested person away from their home and family members.
Can an emergency protective order be modified?
Yes. You file a motion and proposed order in the magistrate court that set your bond and issued the order, and the court holds a modification hearing.
What does the judge have to find to modify an EPO?
Texas law requires the judge to find that the order is unworkable as written and that the requested modifications will not place anyone at an increased risk of danger.
Does the alleged victim need to be involved?
It is best to have the complaining witness at the modification hearing to testify in support of the changes.
