What is an Emergency Protection Order?
An Emergency Protection Order is an order signed by a Justice of the Peace (JP) that prohibits the defendant from going within 400 yards (1200 ft) of the home, employment, school, and daycare address of the protected person/s listed on the order. It also prohibits the defendant from committing family violence or assault against the protected person/s; communicating in a threatening or harassing manner with the protected person/s or a member of their family or household; or communicating a threat through another person to the protected person/s or a member of their family or household.
Application for Emergency Protection Orders may only be granted for Family Violence, Sexual Assault, Stalking, or Human Trafficking.
An Emergency Protection Order may be applied for at the time of the report to law enforcement. A written application for an Emergency Protection Order will be seen by the JP upon arraignment of the defendant, after an arrest for the offense has been made. An application for an Emergency Protection Order must be submitted before arraignment. After the defendant has been arraigned and released from custody, it will no longer be possible to submit an application for an Emergency Protection Order.
How do I get my Emergency Protection Order extended?
An Emergency Protection Order may not be extended.
If your Emergency Protection Order has expired or is about to expire, and you feel that you still require protection, call our office at (409) 246-4300 to discuss other possible means of protection.
How can I get my Emergency Protection Order dropped?
The protected person on the Emergency Protection Order must contact the JP that granted the Emergency Protection Order and request that it be dropped. The decision to rescind an emergency protection order will be at the JP's discretion.
What is a 2 Year Protection Order?
A 2 Year Protection Order is an order that is signed by a Judge that prohibits the defendant from going within 1200 ft of the applicant's home, employment, school and daycare address; committing acts of family violence, assault, or sexual assault; any acts that reasonably place the applicant/s in fear of physical harm, injury, assault or sexual assault; communicating in a threatening or harassing manner with the applicant/s; communicating a threat through another person to the applicant/s; engaging in any conduct directed toward the applicant/s that is reasonably likely to harass, annoy, alarm, torment, or embarrass the applicant/s.
Applications for 2 Year Protection Orders may be granted for Family Violence, Sexual Assault, Stalking, or Human Trafficking.
All applications for 2 Year Protection Orders must be filed through our office.
Once an application has been accepted by the County Attorney, it will be submitted to the Judge. If the Judge finds that Family Violence, Sexual Assault, Stalking, or Human Trafficking have occurred, there will be a temporary Ex Parte protection order issued. Unless the 2 Year Protection Order is agreed to by the defendant outside of court, there will be a hearing scheduled in which the Judge will hear testimony and evidence, and rule to either deny or grant the 2 Year Protection Order.
What is the difference between a Protection Order and a Restraining Order?
There are 2 types of Protection Orders: An Emergency Protection Order, and a 2 Year Protection Order.
Protection Orders can only be granted for Family Violence, Sexual Assault, Stalking, or Human Trafficking. If the defendant is determined to have violated the protection order, they will be charged with the additional offense of Violation of a Protection Order, and will be arrested. (See What is an Emergency Protection Order? and What is a 2 Year Protection Order? above).
A Restraining Order is a civil order filed through the court that restricts one or both parties from certain conduct for the duration of the order, such as destroying or taking certain property, not returning children after visitation, bringing children out of the state or county, harassment, threats, etc. Restraining orders are most often filed in conjunction with a divorce or custody case.
As Restraining Orders are civil orders, they are not enforceable by law enforcement. If a Restraining Order is violated, it will have to be brought back to court by the other party. At that time, the judge will decide whether or not the violating party is in contempt of court, and may or may not send them to jail.