Which statement about emergency protection orders is true?

Which statement about emergency protection orders is true?

• A. Municipal judges, acting as magistrates, may issue emergency protection orders for an offense involving family violence.
• B. Only justices of the peace may conduct peace bond hearings.
• C. Municipal court clerks may issue emergency protection orders.
• D. Municipal judges may not issue emergency protection orders.

Answer: (A)

Emergency protection orders are orders issued by a magistrate to provide immediate protection in family violence cases. In Texas, a magistrate can be any official with magisterial authority, including municipal judges when they are acting as a magistrate. That means a municipal judge, in that role, has the power to issue an emergency protection order for an offense involving family violence. The other statements don’t fit because clerks can’t issue EPOs, and the authority to issue is not limited only to justices of the peace; municipal judges serving as magistrates also hold this power. Additionally, peace bond hearings are a magistrate function, not restricted to one specific office.

Emergency protection orders are orders issued by a magistrate to provide immediate protection in family violence cases. In Texas, a magistrate can be any official with magisterial authority, including municipal judges when they are acting as a magistrate. That means a municipal judge, in that role, has the power to issue an emergency protection order for an offense involving family violence. The other statements don’t fit because clerks can’t issue EPOs, and the authority to issue is not limited only to justices of the peace; municipal judges serving as magistrates also hold this power. Additionally, peace bond hearings are a magistrate function, not restricted to one specific office.