Magistrate Protective Orders

In Texas, a magistrate can issue an emergency protective order (EPO) or a temporary ex parte protective order (TEPO) in cases of family violence, stalking, or sexual assault. These orders are designed to protect victims from further harm and can include various provisions like barring contact, evicting an abuser from a shared residence, or granting temporary custody of children to the victim.

However, it's important to note that specific procedures and requirements for obtaining protective orders can vary by county. Generally, to get a protective order in Texas:

1.    File a Petition: The victim (or their attorney) files a petition with the court requesting a protective order. This can typically be done at the county courthouse or through the county's district or county attorney's office.

2.    Court Hearing: A hearing is usually held where the petitioner presents evidence or testimony to support the need for a protective order. In cases of immediate danger, an emergency order might be issued without a full hearing.

3.    Order Issued: If the judge finds sufficient evidence of family violence, stalking, or sexual assault, they may issue a protective order. This order outlines what the abuser is prohibited from doing and how long the order is valid.

4.    Service of the Order: Once issued, the order must be served to the respondent (the alleged abuser). Law enforcement or a process server typically handles this.

5.    Follow-Up Hearings: Follow-up hearings may be scheduled to review the necessity of the order and make adjustments if needed.

Please note that the exact process and requirements may differ from county to county in Texas. It's essential to seek guidance from a local attorney or a victim advocacy organization for assistance in navigating the specific procedures in your area.