After a Texas family violence arrest, a magistrate automatically issues a Magistrate's Order for Emergency Protection (MPO) under Code of Criminal Procedure art. 17.291-17.293. The MPO typically lasts 31-61 days and prohibits contact with the complainant. Violation is a Class A misdemeanor under Penal Code § 25.07.
After a Texas family violence arrest, a magistrate issues an automatic 48-hour (sometimes 61-day) no-contact order called an Emergency Protective Order (MPO). Violating it is a separate Class A misdemeanor. Here is what happens after arrest and how to navigate the first 72 hours.
What Happens in the First 24 Hours
After a family violence arrest, the accused is typically:
- Booked at the Collin County Detention Facility (or Frisco/Plano/Allen city jail)
- Held without bond until magistration (within 24-48 hours)
- Magistrated — a judge reviews the charges, sets bond, and issues the MPO
- Released on bond — often the next morning with MPO in effect
The Magistrate's Order for Emergency Protection
Under Texas Code of Criminal Procedure art. 17.292, the magistrate must issue an MPO in family violence arrest cases. The MPO typically prohibits:
- Family violence or threats against the complainant
- Direct or indirect communication with the complainant
- Going near residence, workplace, or school of complainant
- Possession of firearms
MPO Duration
- 31 days — default duration
- 61 days — if the case involves a deadly weapon or serious bodily injury
- 91 days — in certain aggravated situations
Bond Conditions
In addition to the MPO, the magistrate typically imposes bond conditions:
- No contact with complainant or witnesses
- No weapons
- No alcohol or drug use
- GPS monitoring in some cases
- Compliance with any existing custody orders
Violating bond conditions can result in bond forfeiture and re-arrest.
Can I Return Home?
Generally no. The MPO typically prohibits returning to a shared residence with the complainant — even if the residence is owned or leased entirely by the defendant. Practical implications:
- You may need someone else to retrieve clothes, medications, work items
- Law enforcement can accompany you for a one-time essential belongings pickup
- Family court proceedings may be needed to address longer-term residence issues
What to Do in the First 72 Hours
- Obey the MPO fully — even if the complainant contacts you. Do not respond.
- Arrange temporary housing — family, friends, or hotel
- Document everything — write down what happened while memory is fresh
- Preserve electronic evidence — text messages, call logs, photos
- Contact L and L Law Group at (214) 466-1398 immediately
- Do not discuss the case on recorded jail or phone lines
- Do not post about the case on social media
Modifying the MPO
Under art. 17.293, a court may modify an MPO on application of either party. Defense attorneys sometimes seek modifications to:
- Permit contact for child custody exchanges
- Allow limited communication through third parties regarding children
- Narrow the geographic restrictions
- Allow essential workplace access when parties share employment
Modifications require a hearing and the complainant's position is considered but not controlling.
Long-Term Consequences
Even before conviction, a family violence arrest has lasting effects:
- Appears on background checks until dismissed or expunged
- May affect custody and visitation in family court
- Professional licensing implications
- Immigration consequences for non-citizens
- Employment complications (bond conditions may conflict with work)
Frequently Asked Questions
How long does the MPO last?
31, 61, or 91 days depending on aggravating factors. A separate family court protective order can extend for 2 years or longer.
Can the complainant waive the MPO?
No. Only the court can modify the MPO on proper application. Complainants can request modification but cannot unilaterally waive.
What if the complainant contacts me?
You are still required to avoid contact. Do not respond. Document the attempt and immediately notify your attorney.
Can I see my children during the MPO?
Possibly. The MPO typically allows contact with shared children but may restrict pickup/dropoff locations. Family court can establish more structured arrangements.
Is my gun automatically taken?
The MPO prohibits possession. You must surrender firearms to law enforcement or a licensed firearms dealer. Violating this is a separate offense.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing a family violence arrest in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas criminal law is complex and fact-specific — please consult a licensed Texas attorney about your particular situation. Past results do not guarantee future outcomes.