Short answer: After an arrest for family violence assault in Texas, a magistrate can, and in cases involving serious bodily injury or a deadly weapon must, issue a magistrate's order for emergency protection (often called an EPO). An EPO can bar you from going home, contacting the alleged victim, or possessing a firearm for 61 to 91 days, or up to 121 days if a deadly weapon is alleged. Violating it is a separate crime, even if the alleged victim invites you back. The alleged victim also can't simply "drop the charges"; in Tarrant County, the District Attorney's Office decides whether the case goes forward.
A family violence arrest moves fast. One night there is an argument and a 911 call; by the next morning, you may be released from the Tarrant County or Dallas County jail with a bond, a list of conditions, and an order that says you can't go back to your own house. What you do in those first days often shapes how the case ends.
At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth criminal defense lawyers defend family violence cases across Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide covers what happens right after an arrest: the jail hold, the emergency protective order, the bond conditions, and the mistakes that turn one charge into two. For a broader overview of these cases, see our domestic violence defense page.
Key Takeaways
- There may be a hold even after bond is posted. In some family violence arrests, the jail can hold you four hours after bond is posted, and a magistrate can extend that for up to 48 hours (Tex. Code Crim. Proc. art. 17.291).
- An EPO can be issued at your first appearance. It is mandatory if the arrest involves serious bodily injury or a deadly weapon (art. 17.292(b)).
- EPOs last longer than many people expect. Most remain in effect 61 to 91 days; deadly-weapon EPOs remain in effect 91 to 121 days (art. 17.292(j)).
- The protected person can't waive it. The order itself states that no one, including the protected person, can give permission to violate it (art. 17.292(g)).
- A violation is a new charge. Violating an EPO or a family violence bond condition is a Class A misdemeanor, and it can become a felony (Tex. Penal Code §25.07).
- Guns must go. Possessing a firearm while subject to an EPO is a separate Class A misdemeanor for anyone other than an actively employed, full-time peace officer (Penal Code §46.04(c)).
What Happens at the Jail After a Family Violence Arrest?
Most family violence arrests in DFW are warrantless; officers respond to a call and make an arrest at the scene. You'll be booked into a city jail or the county jail and brought before a magistrate, who reads your rights, sets bond, and decides whether to issue an emergency protective order and what conditions to attach to your bond.
The four-hour (and up to 48-hour) hold
Texas has a special rule for these cases. Under article 17.291, when a person is arrested without a warrant "in the prevention of family violence" and there is probable cause to believe the violence will continue if the person is released immediately, the arresting agency "shall hold the person for a period of four hours after bond has been posted." A magistrate can extend the hold for up to 48 more hours, but only in writing and only after concluding that the violence would continue. Holds longer than 24 hours also require prior family violence arrests or a prior deadly-weapon arrest within the last 10 years.
Families are often confused when a bond is paid and their loved one still isn't released. This hold is frequently the reason. Our guide to bail bonds after a Fort Worth arrest explains the general bond process.
Don't explain your side at the jail
Calls from the jail are recorded, and officers may ask what happened. Anything you say can be used to prove the State's case. The best practice is to politely decline to discuss the incident until you've talked with a lawyer. Our article Miranda or No Miranda, Do Not Make a Statement explains why.
What Is a Magistrate's Order for Emergency Protection?
An emergency protective order is a criminal-court order that a magistrate issues at your first appearance after an arrest for an offense involving family violence (and certain other offenses, such as stalking and sexual assault). Under article 17.292(a), the magistrate may issue one on the magistrate's own motion or at the request of the alleged victim, the victim's guardian, a peace officer, or the prosecutor. It is mandatory under article 17.292(b) if the arrest also involves serious bodily injury or the use or exhibition of a deadly weapon during an assault.
An EPO is not the same as a protective order issued by a family court under Chapter 85 of the Family Code. A family-court protective order requires a separate application and hearing and can last up to two years or longer. Our article on lifting a protective order in Fort Worth covers those civil orders.
What can an EPO prohibit?
Under article 17.292(c), the magistrate can prohibit you from:
- Committing family violence or an assault against the protected person.
- Communicating with the protected person or household members in a threatening or harassing manner, or passing a threat through someone else. If the magistrate finds good cause, it can prohibit any communication except through your attorney or a court-appointed person.
- Going to or near the protected person's residence, workplace, or business, or the residence, child care facility, or school of a protected child.
- Possessing a firearm (unless you are a full-time, sworn peace officer actively employed by a state agency or political subdivision).
- Tracking or monitoring the protected person's property or vehicle, including with a phone tracking app or a tracking device, or by physically following them.
The "residence" restriction is often the hardest. If you live with the alleged victim, an EPO can effectively remove you from your own home, even if you own it or your name is on the lease.
How long does an EPO last?
Under the current version of article 17.292(j), an EPO takes effect immediately and:
| Type of EPO | Duration |
|---|---|
| Discretionary EPO, or mandatory EPO based on serious bodily injury | At least 61 days, up to the 91st day after issuance |
| Mandatory EPO based on a deadly weapon used or exhibited during an assault | At least 91 days, up to the 121st day after issuance |
Read the order itself for its exact expiration date. Many people assume an EPO lasts 30 days because older versions of the law and older online articles say so, and that mistake leads to violations.
Can an EPO be changed?
Yes, but only by the court, and only after notice and a hearing. Under article 17.292(j), the issuing court may modify all or part of the order if it finds that the original order is unworkable, that the change will not place the victim at greater risk, and that the change will not endanger anyone protected by the order. Common requests include arranging a supervised pickup of clothes, work tools, or medication, or allowing communication about children through a third party. Until a judge signs a modification, the original order controls.
What Bond Conditions Are Common in Family Violence Cases?
Separate from the EPO, the magistrate can attach conditions to your bond. Article 17.49 specifically authorizes, in family violence cases:
- Orders to stay away from a residence, school, workplace, or other location the alleged victim frequents, as specifically described in the bond
- GPS monitoring, usually at the defendant's expense (with a sliding scale for indigent defendants)
- A victim notification device, if the alleged victim consents
- Orders not to track or monitor the alleged victim's property or vehicle
Magistrates can also impose other reasonable conditions, such as no-contact orders, alcohol monitoring, or counseling. Bond conditions generally last until the case is resolved or the court changes them, so they can outlast the EPO. Breaking a safety-related bond condition in a family violence case is itself a crime under Penal Code §25.07, and it can also get your bond revoked.
What Happens If You Violate an EPO or Bond Condition?
Every Texas EPO must state, in bold or capital letters, that "no person, including a person who is protected by this order, may give permission to anyone to ignore or violate any provision of this order" (art. 17.292(g)). In other words, if your spouse or partner calls and says "come home, it's fine," going home can still be a crime.
Under Penal Code §25.07, knowingly or intentionally violating an EPO or family violence bond condition by committing family violence, making prohibited communications, going to a prohibited location, possessing a firearm, interfering with a protected person's pet, tampering with a GPS monitor, or tracking the protected person is:
- A Class A misdemeanor (up to one year in jail and a $4,000 fine) in most cases
- A state jail felony if you violate certain provisions while possessing a deadly weapon
- A third-degree felony if the violation involves an assault or stalking, or if you have two or more prior convictions for violating a protective order
Two or more violations within 12 months can be charged as a separate third-degree felony under Penal Code §25.072. Texts, social media messages, and messages passed through friends or relatives can all count as communication if the order prohibits it.
What to do about firearms
Under Penal Code §46.04(c), a person subject to an EPO who possesses a firearm after receiving notice of the order and before it expires commits a Class A misdemeanor. If you own guns, talk to your lawyer immediately about lawfully transferring them to a third party for the life of the order. And if your guns are kept in the home you've been ordered to stay away from, don't go back to get them yourself. Our article on firearms and DWI under Texas law discusses related firearm-possession rules.
Can the Alleged Victim Drop Family Violence Charges?
No. In Texas, the State, not the alleged victim, decides whether to prosecute. The Tarrant County Criminal District Attorney's Office says it "makes the ultimate decision of whether or not to proceed with a case based on the evidence available," that it does not generate affidavits of non-prosecution, and that "signing an affidavit will not stop prosecution."
An alleged victim may still sign an affidavit of non-prosecution. Tarrant County's published affidavit form must be notarized, and the county recommends scheduling an appointment because a meeting with an assistant district attorney is required. The affidavit is one factor the prosecutor considers, not a dismissal.
Two cautions matter here. First, the defendant should never ask, pressure, or arrange for the alleged victim to sign an affidavit or skip court. Depending on the facts and the orders in place, that contact can violate an EPO or bond condition and can lead to separate charges. Second, prosecutors often proceed without the alleged victim's testimony by using 911 recordings, body-camera video, photographs, and medical records.
Why the Outcome Matters So Much
Family violence cases carry consequences that go beyond the sentence:
- Enhancement. A prior family violence assault conviction can turn a later Class A assault against a family member, household member, or dating partner into a third-degree felony. So can an allegation of impeding breathing or circulation (choking), even without a prior conviction (Penal Code §22.01(b)(2)). Our Texas assault offenses overview covers the assault statute.
- State firearm restrictions. A Class A family violence assault conviction bars firearm possession under Texas law until the fifth anniversary of release from confinement or community supervision (Penal Code §46.04(b)).
- Federal firearm restrictions. A qualifying misdemeanor crime of domestic violence conviction generally triggers a federal ban on possessing firearms or ammunition, and there is no exception for police or military personnel (ATF).
- Record sealing. Texas bars an order of nondisclosure for a family violence offense, or when the court makes an affirmative finding that the offense involved family violence (Tex. Gov't Code §411.074). Our page on expunction and nondisclosure explains the difference.
Because these consequences can follow a person for years, how the case is resolved (dismissal, reduction to a non-family-violence offense, deferred adjudication, or trial) deserves careful attention from the start.
What Should You Do in the First Few Days?
- Read every order you were given. Find the EPO's expiration date, the specific addresses you must stay away from, and whether all contact or only threatening contact is prohibited.
- Follow the order literally. No visits, texts, social media messages, or "messages through mom," even if the other person reaches out first.
- Arrange a lawful place to stay. Plan for at least two to three months.
- Transfer firearms lawfully. Work with your lawyer to document a transfer to a third party.
- Retrieve belongings the right way. Ask your lawyer about a police standby or a court-approved arrangement.
- Save evidence. Preserve texts, call logs, photos, and the names of witnesses. Don't delete anything.
- Hire a defense lawyer early. Early representation can matter for bond modifications, EPO hearings, evidence preservation, and early discussions with the prosecutor.
Frequently Asked Questions
How long does an emergency protective order last in Texas?
Most EPOs remain in effect at least 61 days and up to the 91st day after issuance. If the EPO is based on a deadly weapon used or exhibited during an assault, it lasts at least 91 days and up to the 121st day (art. 17.292(j)). Always check the date written on your order.
Can I go home if my spouse says it's okay?
Not if the EPO or your bond conditions prohibit it. The order states that no one, including the protected person, can give permission to violate it (art. 17.292(g)). Only the court can change it.
Is an EPO the same as a protective order?
No. An EPO is issued by a magistrate in the criminal case at your first appearance. A protective order under Chapter 85 of the Family Code is a separate civil order that requires its own application and hearing, and it can last much longer.
Why wasn't my family member released after bond was posted?
In family violence arrests, the jail may hold a person four hours after bond is posted, and a magistrate can extend the hold for up to 48 hours in writing (art. 17.291).
Can I keep my guns while my case is pending?
Not while an EPO is in effect, unless you fall within the narrow peace-officer exception; possession is a Class A misdemeanor (Penal Code §46.04(c)). Bond conditions may also prohibit firearms.
Will an affidavit of non-prosecution get my case dismissed?
Not by itself. Tarrant County prosecutors say signing an affidavit "will not stop prosecution" and that the DA's office makes the final decision based on the evidence (Tarrant County CDA).
Talk to a Fort Worth Family Violence Defense Lawyer
The first days after a family violence arrest are when people make avoidable mistakes, like going home, sending one text, or keeping a gun in the closet, that create new charges. HLAW can review your EPO and bond conditions, request modifications when appropriate, and start building your defense right away. Call (817) 993-9249 or contact us online for a free, confidential consultation.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its specific facts.
