Magistrate issues temporary emergency protection order, sets $10,000 bond in stalking case

A magistrate at Travis County Court read formal advisements, set a $10,000 bond and issued a temporary emergency protection order in a stalking case during a magistrate hearing.

The magistrate told the defendant, "As you sit here before me this evening, under Texas law, you are presumed to be innocent," and explained that the court's role at the magistrate stage is not to decide guilt. The defendant was informed of the right to remain silent, the right to counsel and the right to request a court-appointed lawyer.

The magistrate described the charge as stalking filed as a third-degree felony and said the punishment range for a third-degree felony can be "anywhere 2 to 10 years in prison and up to a $10,000 fine." The magistrate said the defendant's bail was set at $10,000 and described the three common ways defendants bond out: cash bond (paying the full amount), using a surety or bail bondsman, or release on a personal bond.

Explaining the emergency protection order, the magistrate said the order prohibits the defendant from committing violence, threats or assault and from using a third person to threaten, harass, intimidate or stalk the protected person, identified in the hearing as "Mr. Newton." The magistrate said the order also bars the defendant from contacting Mr. Newton except through counsel and prohibits the defendant from coming within 200 yards of a residence listed in the order at 307 Franklin Street in Austin. "You are prohibited from carrying any type of firearm in your possession while this emergency protection order is in effect," the magistrate said.

The magistrate said the temporary emergency protection order will remain in effect until 11:59 p.m. on March 5 (approximately 60 days) unless it is lifted or modified by a court. He warned that violating the order "may be punishable by a fine as much as $4,000 or by confinement in jail for as long as 1 year or by both," and added that an act that constitutes a separate felony could be prosecuted separately and be "punishable by confinement in prison for at least 2 years." The magistrate also said the defendant would be required to submit to a mental health assessment if released from jail.

The defendant asked a clarifying question during the hearing, saying, "You said something about family violence, but the charge is just stalking or—" The magistrate responded that the case is treated within the family-violence category because the parties apparently had a prior relationship, but that the specific charge is stalking.

The magistrate said the defendant would be given a copy of the order and advised that an examining trial (a pretrial hearing to test whether the state has sufficient evidence to proceed) is available and should be discussed with counsel. The magistrate did not state a schedule for any future court dates during the portion of the transcript provided.

Ending details: The transcript indicates the magistrate did not read the full multi-page order aloud but provided the defendant with a copy. The ZIP code for 307 Franklin Street was not recorded in the hearing transcript.