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  • Writer's pictureBrian Foley

The Woodlands Criminal Defense Attorney - Assault Family Member Protective Orders

In almost every Assault Family Member charge in Montgomery County, Texas the magistrate Judge issues an emergency protective order or as they call it in Montgomery County an EPO. This order is normally made at the request of the complainant or alleged victim. However the Police or even the District Attorney may end up being the one who requested the order. The order typically makes it illegal and a new criminal offense for the person whom the order is issued against to speak to the alleged victim in a threatening or harassing manner. For good cause the Judge could also issue the protective order to require no contact at all. This is not typical in Montgomery County but is standard practice in Harris County.

The protective order's most disruptive provision is probably the provision that kicks someone out of their own house so that the alleged victim is not subject to continued co-habitation with the person arrested by the police. This can be a backbreaker, especially if the person is not married but only dating and the person who was arrested doesn't have anywhere else to live. This order will be in effect for 61-91 days from the arrest. If the alleged victim has decided to move out then it is possible that a Judge may decide to amend the protective order to allow the person who was arrested to move back into their own residence.

Judges may also impose conditions of bond that last for the entirety of the case and not merely 61-91 days. Bond conditions can also be modified after an attorney files a motion with the court.


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