Modifying A Magistrate’s Order For Emergency Protection
Last updated on June 18, 2026
A family violence arrest causes immediate chaos. Suddenly, you might be forced out of your own home and separated from your loved ones. At Hildreth & Rueda, we know how stressful this disruption can be. Our attorneys have more than 20 years of combined legal experience helping clients in Austin and throughout Travis County. We are highly focused on finding solutions and helping you navigate this forced separation legally.
What Is A MOEP?
A Magistrate’s Order for Emergency Protection (MOEP) is a criminally enforceable court order. Here are the immediate impacts of this order:
- It takes effect right away after an arrest.
- It forces you to find a new place to live quickly.
- It abruptly separates you from your children and your daily routine.
Judges in Texas issue these orders immediately following an arrest for family violence, sexual assault, stalking or trafficking. Basically, a MOEP requires the person accused of domestic violence to move out of a shared residence.
Understanding The Terms Of A MOEP
A MOEP comes with strict rules. Standard Travis County orders prohibit you from going anywhere near the home, job or school of the protected party. These emergency orders typically last for 31 to 91 days.
Violating a MOEP is a massive mistake. A violation will trigger an immediate new arrest and additional criminal charges. You must follow the rules exactly as written. It does not matter what the alleged victim says. Even if your partner says it is no big deal and invites you to come back home, you cannot go. Returning to the home in violation of the order will result in more charges, period.
The Legal Process To Modify The Order
You do not have to wait out the order in silence. A domestic violence attorney can help you fight for a change. We can file a formal motion to modify your bond conditions or the MOEP. The goal is to ask the court to allow for “peaceful contact” between you and the other party.
A successful modification can allow you to:
- Communicate with your partner without facing arrest
- Resume co-parenting your children
- Legally move back into your shared home
However, you must be patient. You cannot violate the order before a judge officially signs off on the modification.
Contact Us Today
Do not try to handle a forced separation on your own. We offer free consultations to discuss your case. Contact Hildreth & Rueda today. Call us at 512-415-7648 or fill out our online contact form. We are ready to help you safely reunite your family.