Who may request an emergency protection order?

An emergency protection order is primarily designed to provide immediate protection to a victim of a violent crime, particularly in situations involving domestic violence or sexual assault. In Texas, the victim of the offense is empowered to request this order in order to ensure their safety and well-being after an incident has occurred. This legal mechanism allows the victim to seek relief swiftly, minimizing the risk of further harm.

While judges and law enforcement may initiate orders or assess the need for an emergency protection order, it is the victim who is directly affected by the crime and has the strongest motivation to seek such protection. The process is intended to prioritize the safety of the victim, hence they are granted the right to initiate the request. The roles of defense attorneys and defendants in this context are more focused on legal representation and defense strategies, rather than directly seeking protective measures for victims.