Emergency Protective Order

[chevy11]

What is the name of your state (only U.S. law)? Texas

I got arrested for Class A criminal trespassing, long story short i harrased my ex girlfriend and got arrested for it. When the judge set my bond, he also ordered a Emergency Protective Order for 61 days, my question is....Can i possess a firearm in those 61 days? I know with a regular standar protective order I cannot, but the judge never told me I couldn't with the EPO.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[HighwayMan]

In that respect both types of orders should be identical, i.e. you cannot possess any firearms.

 

[Some Random Guy]

there are several statutes relating to protective orders in Texas, including these two
CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER - Texas Family Code - Texas Code :: Justia
CHAPTER 7A. PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT - Texas Code of Criminal Procedure - Texas Code :: Justia

Here is a heavily simplified section from the second link. Notice the word MAY in there. Chapter 85 also has wording includeing MAY.

So you need to abide by what the order says, and not assume what is or is not required.

Art. 7A.05. CONDITIONS SPECIFIED BY ORDER. (a) In a
protective order issued under this chapter, the court may:
...
(2) prohibit the alleged offender from:
....
(D) possessing a firearm, unless the alleged offender is a
peace officer, as defined by Section 1.07, Penal Code, actively
engaged in employment as a sworn, full-time paid employee of a state
agency or political subdivision.