The Law Office of Ryan Deck – Understanding Emergency Protective Orders (EPOs)

Being arrested on an assault-family violence charge can be overwhelming, especially when it comes with an emergency protective order (EPO) that limits your rights and freedoms. An Emergency Protective Order (EPO) is typically issued to protect the alleged victim.

What is the best way to navigate this protective order alongside your charge in Williamson County?

In the blog below, Ryan Deck breaks down this understanding as a criminal defense attorney.

What Is an Emergency Protective Order?

An Emergency Protective Order is a temporary restraining order that lasts between 30 to 90 days. It is designed to prevent the defendant from engaging in threatening or harassing behavior toward the alleged victim. In most cases, an EPO includes provisions that prohibit the defendant from:

• Prohibited from communicating with the alleged victim in a threatening manner - This means you cannot send texts, call or even really messages through a third party.
• Barred from going to the victim's residence - If you live together, you will need to find alternative housing immediately

While these restrictions are intended to ensure safety, they can create major complications, especially when the defendant shares a home with the alleged victim.

Read Our Blog: What to Know About Family Violence Charges in Texas

What Happens If You Live with the Alleged Victim?

For many people accused of domestic violence, the most immediate concern is where they will live if they are barred from returning home. In these cases, defendants may have to:

• Stay with friends or family
• Rent a hotel or motel until the order expires
• Seek a modification of the EPO through the court

This situation can be financially and emotionally stressful, making it crucial to take legal action as soon as possible.

Facing an EPO and criminal charges? Don't wait, contact our office today for a consultation and start building your defense.

How Can You Modify an EPO?

If an EPO is causing significant hardship — such as forcing someone out of their home — a defense attorney can file a motion to modify the order. Courts may consider modifications under certain circumstances, particularly if the defendant can demonstrate that they:

• Pose no threat to the alleged victim
• Need access to their home due to financial or personal hardship
• Have no prior history of domestic violence or violations of protective orders

In many cases, experienced attorneys have successfully modified EPOs, allowing their clients to return home while the legal process unfolds.

Read Our Blog: How to Prepare for Williamson County Court

Fighting an Assault-Family Violence Charge

While modifying an EPO can provide short-term relief, the bigger battle is fighting the domestic violence charge itself. A strong legal defense may involve:

• Examining the evidence to identify weaknesses in the prosecution’s case
• Challenging witness statements or inconsistencies in the alleged victim’s testimony
• Negotiating with prosecutors for reduced charges or case dismissal

Taking action quickly can significantly improve your chances of protecting your rights and reducing the impact of the charges on your life. An experienced criminal defense attorney can evaluate your situation, explain your legal options, and help you navigate the path forward.

If you or a loved one are in need of help, contact our office today.