Magistrates order for Emergency Protection

[play_by_the_rules]

Jurisdiction

Texas

Can a Justice of the Peace issue this order? I am assuming that this is actually referred to as a temporary ex parte protective order. If so can a detective be the person filing the application or the person requesting it be issued?

 

[army judge]

Can a Justice of the Peace issue this order? I am assuming that this is actually referred to as a temporary ex parte protective order. If so can a detective be the person filing the application or the person requesting it be issued?

If its being done, YES, because its being done.

Otherwise, you should address these continuing questions to your lawyer.

This forum, any forum, isn't equipped to address complex legal issues.

We don't engage in attorney-client relationships, either.
We're more of a slam bam, thank you Sam, kind of "cyber" establishment.

If any order of protection has been issued against you, its best if you obey the order.

Disobeying the order will only bring more trouble your way.

At any rate, this is what you're asking about:

After an arrest for certain offenses, there are two situations in which a magistrate can issue an order of emergency protection for the victim and the victim's family or household members. One is discretionary, the other mandatory
.
The purpose of the magistrate's order is to prevent the defendant from inflicting further harm on the victim after the defendant is released from confinement. The magistrate's order differs from a Tex. Fam. Code Title 4 protective order in that the former does not require a hearing, does not require the defendant and the
victim to have a specific relationship (and can be issued to protect
the victim from a stranger), and is issued before the defendant is released from jail
.
Unlike the protective orders available under Tex. Code Crim. Proc. chapter 7A (sexual assaults) and article 6.08 (crimes motivated by bias or prejudice), the magistrate's order is available to victims of several different types of offenses. The magistrate's order should complement the conditions of bond set for the defendant.
Discretionary.
After a person is arrested for an offense involving family violence, sexual
assault, aggravated sexual assault, or stalking, the magistrate
may issue an order of emergency protection before the defendant is released from custody.
Mandatory.
After an arrest for an offense that involved family violence with serious bodily
injury or involved display or use of a deadly weapon, and before the defendant is released, the magistrate shall issue an order of emergency protection.
The magistrate's order is criminally enforceable. Violation of the order is a Class A offense under Tex. Penal Code § 25.07.

.
.
.
http://www.txcourts.gov/media/478291/chapter4.pdf
.
.
.
More educational material here, in fact the entire magistrate's manual is online:
,
,
,
TJB | Rules & Forms | Rules & Standards

 

[play_by_the_rules]

If its being done, YES, because its being done.

Otherwise, you should address these continuing questions to your lawyer.

This forum, any forum, isn't equipped to address complex legal issues.

We don't engage in attorney-client relationships, either.
We're more of a slam bam, thank you Sam, kind of "cyber" establishment.

If any order of protection has been issued against you, its best if you obey the order.

Disobeying the order will only bring more trouble your way.

At any rate, this is what you're asking about:

After an arrest for certain offenses, there are two situations in which a magistrate can issue an order of emergency protection for the victim and the victim's family or household members. One is discretionary, the other mandatory
.
The purpose of the magistrate's order is to prevent the defendant from inflicting further harm on the victim after the defendant is released from confinement. The magistrate's order differs from a Tex. Fam. Code Title 4 protective order in that the former does not require a hearing, does not require the defendant and the
victim to have a specific relationship (and can be issued to protect
the victim from a stranger), and is issued before the defendant is released from jail
.
Unlike the protective orders available under Tex. Code Crim. Proc. chapter 7A (sexual assaults) and article 6.08 (crimes motivated by bias or prejudice), the magistrate's order is available to victims of several different types of offenses. The magistrate's order should complement the conditions of bond set for the defendant.
Discretionary.
After a person is arrested for an offense involving family violence, sexual
assault, aggravated sexual assault, or stalking, the magistrate
may issue an order of emergency protection before the defendant is released from custody.
Mandatory.
After an arrest for an offense that involved family violence with serious bodily
injury or involved display or use of a deadly weapon, and before the defendant is released, the magistrate shall issue an order of emergency protection.
The magistrate's order is criminally enforceable. Violation of the order is a Class A offense under Tex. Penal Code § 25.07.

.
.
.
http://www.txcourts.gov/media/478291/chapter4.pdf
.
.
.
More educational material here, in fact the entire magistrate's manual is online:
,
,
,
TJB | Rules & Forms | Rules & Standards

 

[play_by_the_rules]

Thanks for the info judge. You have given me alot of help. Interested in Representing me? I will email you later. We have talked before and i'm still fighting the same case.