|What is a Magistrate’s Order for Emergency Protection?
|The Magistrate’s Order for Emergency Protection (MOEP) is issued at the time of an arrest for an offense involving family violence or stalking.
The order may be issued on the magistrate’s own motion or on the request of:
- the victim of the offense;
- the guardian of the victim;
- a peace officer; or
- the attorney representing the state.
A MOEP must be issued if an offender is arrested for aggravated assault against a family member. These are offenses that involve serious bodily injury or the use or exhibition of a deadly weapon during the commission of the assault.
The MOEP contains the same criminally enforceable provision as a protective order.
|Return to Protective Order FAQs