Arrested for Family Violence in Tarrant County? How Bail and Emergency Protective Orders Work in Texas
If you or a loved one was arrested for family violence in Tarrant County, bail is usually available once a magistrate sets the bond, typically within 48 hours of arrest. At that same hearing the magistrate can issue an Emergency Protective Order that restricts contact with the alleged victim for 61 to 91 days, or 91 to 121 days if a deadly weapon was involved. A Way Out Bail Bonds posts family violence bonds 24/7 across Tarrant County and Dallas and can start the release paperwork the moment bail is set.
A family violence arrest is one of the most stressful calls a family can get, and the first questions are almost always the same: can we get them out, how much will bail be, and what is this protective order the officer mentioned. This guide answers those questions in plain language for arrests across Tarrant County, including Arlington and Fort Worth, as well as Dallas. You will learn how the arrest and bail process actually works, what an Emergency Protective Order is, how long it lasts under current Texas law, and how to keep a released loved one out of further trouble while the case is pending.
A Way Out Bail Bonds has helped Dallas and Greater Tarrant County families secure fast jail release for decades. We are licensed, available 24 hours a day, and we handle family violence bonds every week, so we understand exactly how Tarrant County jail procedures work and where the delays happen. If you would rather talk to a person right now than read, call our Arlington office at (817) 261-2828 or our Dallas County line at (214) 760-9978.
What Counts as Family Violence in Texas?
Family violence is defined broadly under Texas law, and it covers far more than married couples. The Texas Family Code treats family violence as an act by one member of a family or household against another that is intended to cause physical harm, bodily injury, or assault, or a threat that makes someone reasonably fear imminent harm. Because the definition is broad, a single incident with no visible injury can still lead to an arrest.
The people covered by the family violence label include:
- Current or former spouses
- People who have a child together, whether or not they were ever married
- Relatives by blood or by marriage
- Current or former dating partners (dating violence)
- Foster parents and foster children
- Anyone who lives or has lived in the same household, related or not
Most of these cases are charged as assault under Texas Penal Code Section 22.01 with a family violence finding attached. You can read the exact statutory language on the Texas Penal Code Section 22.01 page. For an overview of how these charges are bonded, see our assault bail bonds page, which covers family violence assault along with other assault charges.
What Happens After a Family Violence Arrest in Tarrant County?
Every family violence arrest follows the same early path: booking, a magistrate hearing, and a bond decision. Knowing that sequence helps you understand why release is not instant and where a bondsman can save you time.
Booking and where your loved one is held
In Tarrant County, everyone arrested by Arlington PD, Fort Worth PD, the Sheriff’s deputies, or a constable is transported to central intake at the Tarrant County Corrections Center, 100 N. Lamar Street in downtown Fort Worth, for booking. If the arrest happens in Arlington or one of the mid-cities such as Hurst, Euless, or Bedford, the person is often held briefly at the city jail before being transferred to county custody. Booking itself, which includes fingerprints, a photo, medical screening, and charge verification, commonly takes several hours depending on how busy intake is. In Dallas, arrests are booked into the Lew Sterrett Justice Center.
Magistrate and the 48-hour rule
After booking, Texas Code of Criminal Procedure Article 15.17 requires that the arrested person be brought before a magistrate, generally within 48 hours. At that hearing the magistrate reads the charges, informs the person of their rights, sets the bond amount using the county bond schedule, and decides whether to attach conditions such as a protective order. This is the single most important early step, because no one, not even a bondsman, can begin the release process until bail is set. For a fuller walkthrough of the bond process itself, see our guide on how bail bonds work.
How Bail Works for Family Violence Charges
Once a magistrate sets the bond, you generally have two ways to secure release: pay the full amount in cash to the county, or use a licensed bail bond company that posts the bond for you. A surety bond through a bondsman lets you pay a set fee that is only a fraction of the full bail amount, so most families choose this route to avoid tying up large sums of cash.
The bond amount depends on the charge level, the alleged injuries, the accused person’s criminal history, and whether a protective order is already in place. Because a bondsman can monitor the booking record and prepare the paperwork in advance, we can post the bond the moment the magistrate sets the amount. That preparation, not the payment itself, is where families save the most hours. You can review accepted bail payment options ahead of time so nothing slows the release down.
What to have ready to bond someone out fast
- The arrested person’s full legal name and date of birth
- The county and facility where they are being held (Tarrant County Corrections Center, an Arlington or mid-cities city jail, or Lew Sterrett in Dallas)
- The charge, if you know it, and whether it is a misdemeanor or felony
- The bond amount, if magistration has already happened
- A working phone number and a way to complete paperwork, which we can handle by fax or email for out-of-town callers
The Four-Hour Hold: Why Release Is Not Always Immediate
Key point most people never hear: even after the bond is posted, Texas law lets the jail hold a family violence arrestee for up to four additional hours if the magistrate believes there is probable cause that violence would continue if the person were released immediately.
This short cooling-off period is specific to family violence arrests, and it catches many families by surprise. It does not mean anything went wrong with the bond. It simply means the release clock may run a little longer than it would for another type of charge. Working with a bondsman who knows this and who tracks your loved one through booking, magistration, and the handoff between a city jail and county custody keeps you informed instead of guessing in the parking lot.
What Is an Emergency Protective Order (EPO)?
An Emergency Protective Order, formally a Magistrate’s Order for Emergency Protection, is a criminal court order issued after a family violence arrest under Texas Code of Criminal Procedure Article 17.292. It is designed to protect the alleged victim during the earliest and most volatile stage of a case. Unlike a civil protective order, an EPO is available only after an arrest, and the alleged victim does not have to file anything or appear in court for it to be issued.
A magistrate can issue an EPO on their own motion, or at the request of any of the following:
- The victim of the offense
- The victim’s guardian
- A peace officer
- The attorney representing the state (the prosecutor)
An EPO is usually discretionary, but it becomes mandatory in two situations: when the family violence offense involved serious bodily injury to the victim, or when the accused used or displayed a deadly weapon during the assault. In those cases the magistrate must issue the order by law. You can review the official statute on the Texas Code of Criminal Procedure Article 17.292 page.
How Long Does an Emergency Protective Order Last?
Texas changed EPO durations effective September 1, 2025, and many older articles still show the outdated numbers. Here is the current law. A standard EPO stays in effect between 61 and 91 days. If the arrest involved serious bodily injury or the use or display of a deadly weapon, the order lasts between 91 and 121 days. The order takes effect the instant the magistrate signs it, and it cannot be extended, although a court can modify it later after a hearing if the change does not put the protected person at greater risk.
| Protective order type | Issued by | When it happens | Typical duration |
| Emergency Protective Order (Magistrate’s Order) | Criminal court magistrate | At magistration, after a family violence arrest | 61 to 91 days (91 to 121 with a deadly weapon) |
| Temporary Ex Parte Order | Civil / family court judge | On application, no hearing needed, arrest not required | Up to 20 days, can be extended |
| Final (permanent) Protective Order | Civil / family court judge | After a full hearing with both sides | Commonly up to two years |
This post focuses on the Emergency Protective Order, because that is the one tied directly to an arrest and to the bail process. The other two are pursued separately in civil court.
What an Emergency Protective Order Prohibits
The magistrate marks exactly which conditions apply, but most family violence EPOs restrict contact, movement, and firearms. Common prohibitions include:
- Committing further family violence against the protected person or their family or household
- Communicating with the protected person or their household in a threatening or harassing manner, and in many cases any direct communication at all
- Going to or near the protected person’s home, workplace, school, or childcare facility
- Possessing a firearm or ammunition for the entire length of the order, unless the person is a peace officer
- In some cases, participating in GPS or electronic monitoring
Read the order carefully before your loved one leaves the jail. Because an EPO can bar someone from their own home or from contacting their own children, the practical effects are immediate. Understanding those terms on day one prevents an accidental violation.
Bond Conditions in Family Violence Cases
Separate from the EPO, the magistrate can attach conditions to the bond itself. In family violence cases, both Tarrant County and Dallas County magistrates routinely add no-contact terms as bond conditions, and they may order electronic monitoring, alcohol or drug restrictions, and firearm surrender. These conditions run alongside the protective order, and they last as long as the bond is in place, which is usually until the case is resolved.
The distinction matters because a person can be fully bonded out and still be legally barred from going home or calling the alleged victim. A good bondsman will point these conditions out so nobody is caught off guard, but the responsibility to follow them rests with the released person.
What Happens If You Violate an EPO or Bond Condition?
This is the single most important thing to understand after release: violating an Emergency Protective Order or a family violence bond condition is a new, separate criminal offense under Texas Penal Code Section 25.07. It is not treated as a minor slip.
A violation can lead to a fresh arrest, revocation of the bond that was just posted (which sends the person back to jail), and additional charges stacked on top of the original case. Even contact that feels harmless, such as a text message, a call, or showing up to “talk things out,” can count. The safest course after any family violence arrest is simple: follow every term of the order and the bond exactly, and let attorneys and the court handle communication. Compliance is what keeps a released person out of custody while the case is pending.
Family Violence Charge Levels in Texas
The charge level shapes both the seriousness of the case and the bond a magistrate sets. Here is how Texas classifies these offenses under Penal Code Section 22.01 and related statutes.
| Classification | Typical circumstances |
| Class C misdemeanor | A threat or offensive contact only, with no bodily injury |
| Class A misdemeanor | Assault causing bodily injury to a family or household member, first offense, no aggravating factors |
| Third-degree felony | A prior family violence conviction, or choking or strangulation (impeding breath or circulation) on a first offense |
| Second-degree felony | Choking or strangulation with a prior conviction, or an assault causing serious bodily injury |
| Third-degree felony (continuous) | Two or more acts of family violence within a 12-month period, under Penal Code Section 25.11 |
Higher charge levels generally mean higher bonds and stricter conditions, but bail is available in the large majority of family violence cases, including many felonies. An arrest is not a conviction, and everyone is entitled to due process and, in most cases, release on bond while the case proceeds.
Need to get a loved one out now?
A Way Out Bail Bonds is available 24 hours a day across Tarrant County and Dallas. Call our Arlington office at (817) 261-2828 or our Dallas County line at (214) 760-9978, or send us your details online and we will start the paperwork right away.
Why Dallas and Tarrant County Families Choose A Way Out Bail Bonds
Family violence cases move fast in the first 48 hours, and the right bondsman keeps you a step ahead. Here is what families across Arlington, Dallas, and the surrounding communities count on when they call us.
| What matters to you | What A Way Out Bail Bonds provides |
| Speed | 24/7 availability and pre-filed paperwork so the bond posts the moment bail is set |
| Local knowledge | Daily experience with Tarrant County Corrections Center, Arlington and mid-cities jails, and Dallas County intake |
| Experience | Decades handling assault and family violence bonds across the DFW metroplex |
| Licensed and accountable | A licensed Texas bail bond agency, agent for United States Fire Insurance Company |
| Clear guidance | Plain-language explanations of EPOs and bond conditions so no one risks an accidental violation |
| Convenience | Bonds handled by phone, fax, or email, with Spanish-speaking help available |
Resources If You Are the Person Seeking Protection
If you are the one who needs protection rather than the person who was arrested, help is available. The Tarrant County Criminal District Attorney’s Protective Order Division assists victims of family violence, dating violence, stalking, and sexual assault with protective orders, and can be reached at (817) 884-1623. If you are in immediate danger, call 911. The national confidential hotline for domestic violence support is also available around the clock.
Talk to A Way Out Bail Bonds 24/7
A family violence arrest does not have to mean days of waiting and confusion. Whether your loved one is being held at the Tarrant County Corrections Center in Fort Worth, an Arlington city jail, or Lew Sterrett in Dallas, A Way Out Bail Bonds can confirm the bond, explain the protective order, and start the release the moment bail is set. We are licensed, experienced, and available every hour of every day.
Call our Arlington office at (817) 261-2828, our Dallas County line at (214) 760-9978, or contact us online to get help right now.
Frequently Asked Questions (FAQs)
Can you bail someone out of jail for family violence in Tarrant County?
Yes. Most family violence charges in Tarrant County are eligible for bail once a magistrate sets the bond, usually within 48 hours of arrest. A Way Out Bail Bonds posts surety bonds around the clock for people booked into the Tarrant County Corrections Center in Fort Worth and the Arlington city jail. Call our Arlington office and we can confirm the bond and begin the release paperwork right away.
What is an Emergency Protective Order in Texas?
An Emergency Protective Order (EPO), formally called a Magistrate’s Order for Emergency Protection, is a criminal court order a magistrate can issue after a family violence arrest under Texas Code of Criminal Procedure Article 17.292. It restricts the arrested person’s contact and movement to protect the alleged victim while the case is pending. The victim does not have to request it or appear in court for it to be issued.
How long does an Emergency Protective Order last in Texas?
Under the law that took effect on September 1, 2025, a standard EPO stays in effect between 61 and 91 days. If the arrest involved serious bodily injury or the use or display of a deadly weapon, the order lasts between 91 and 121 days. The order takes effect the moment the magistrate signs it and cannot be extended, though a court can modify it after a hearing.
Does a family violence arrest always come with a protective order in Tarrant County?
Not always, but it is common. A magistrate may issue an EPO on their own motion or at the request of the victim, a peace officer, or the prosecutor. The order becomes mandatory by law when the offense involved serious bodily injury to the victim or the use or display of a deadly weapon.
How soon can someone be released after a family violence arrest?
Release cannot begin until a magistrate sets bail, generally within 48 hours of arrest. Even after the bond is posted, Texas law allows the jail to hold a family violence arrestee for up to four additional hours if the magistrate believes immediate release could lead to further violence. A bondsman who monitors the booking can post the bond the moment bail is set, which keeps the wait as short as possible.
What does an Emergency Protective Order prohibit?
An EPO commonly bars the arrested person from committing further family violence, from communicating with the protected person in a threatening or harassing way, and from going near their home, workplace, school, or childcare facility. It also suspends any handgun license and prohibits possessing a firearm or ammunition for the length of the order. The magistrate marks exactly which conditions apply on the order.
What happens if you violate a protective order or bond condition in a family violence case?
Violating an EPO or a family violence bond condition is a separate criminal offense under Texas Penal Code Section 25.07, not just a technical slip. It can trigger a new arrest, revocation of the current bond, and additional charges on top of the original case. Following every condition exactly is the surest way to stay out of custody while the case moves forward.
Is family violence a felony or a misdemeanor in Texas?
It depends on the facts. A first offense that causes bodily injury is usually a Class A misdemeanor, while the charge rises to a third-degree felony for a prior family violence conviction or for choking or strangulation, and to a second-degree felony in the most serious cases. The charge level directly affects the bond amount a magistrate sets.
Can I bond out a loved one arrested for family violence in Dallas?
Yes. A Way Out Bail Bonds serves Dallas County as well as Tarrant County. Dallas arrests are typically booked into the Lew Sterrett Justice Center, where our agents can verify the bond and post it around the clock. Call our Dallas County line and we will walk you through every step.
What information do I need to bond someone out for family violence?
Have the arrested person’s full legal name, date of birth, and the county and facility where they are being held, plus the charge if you know it. Any details about the bond amount and a protective order help us move faster. You can share this by phone or through our online request form, and we handle paperwork by fax or email for out-of-town callers.