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Magistrates Order of Emergency Protection, MOEP, and No Contact Bail Conditions

Family Violence Lawyer to Protect Against a MOEP

An Emergency Magistrate’s Order of Protection (MOEP) prohibits a person charged with domestic assault, stalking or harassment from having contact with the person filing the complaint. The person facing charges will be ordered not to come within a certain distance of the complainant’s home or office. He or she may also be prevented from contacting friends and family of the complainant.This order can be granted by the magistrate at the initial probable cause determination or by the Judge of the Court where the case is charged.

This MOEP is limited in time. Normally, the order applies for 60 days. However, it causes tremendous problems. When the accused person leaves jail, he or she will have to find a new place to live and arrange to get their possessions without violating the terms of the criminal protective order.  Judges are loathe to remove these restrictions.However, they can be removed! We have done this many times and brought families back together again. Call Family Violence Attorney Ed Chernoff to get these restrictions rescinded.

We Understand the Challenges You Face with a MOEP

In addition to the problems of where to live and how to regain your possessions, people on the wrong end of a criminal protective order face problems with bail and the potential for re-arrest.

  • Bail and Bond Conditions: In Harris County, Texas bail may be set as high as $50,000. in domestic violence cases. After you are served a copy of the criminal protective order the prosecutor may agree to reduce your bond, but that’s little comfort if you’ve had to sit in jail or pay for an unnecessarily high bond.
  • Consequences of Violating No Contact Orders: If you violate the no contact order, even accidentally, and the complainant takes it to court, you may find yourself under arrest again and facing the inability to make bail.

Call the Houston domestic violence attorney today!

The earlier you contact our firm, the sooner we can begin to represent your best interests. We can help you with the orders and the additional difficulties of high bail and bail conditions, and the frequent and often accidental violation of these conditions. In fact, just going home with the permission from your spouse to collect your belongings can make you subject to arrest. We are here to help you and can answer all your questions when you call our offices.

Fighting No-Contact Orders and Violation Charges

Chernoff Law can help keep false restraining order accusations and unfair motions for criminal protective orders from landing you in jail. You have the right to fight. You have the right to a hearing. We work aggressively to get charges dropped and no contact orders lifted. When the stakes are high, put our defense on your side.

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