If you face domestic violence, obtaining a regular protective order can take time. This leaves you at risk of further violence or harm. Courts issue emergency protective orders to protect a victim in imminent danger of harm and to contain a situation where the victim or their loved one can be harmed. You can obtain an emergency protective order with the assistance of a police officer. When the police respond to a domestic violence situation, they are obliged to help the alleged victim seek immediate protection from a court. These orders are available around the clock, which means you can obtain one even in the middle of the night.

You should understand how emergency protective orders work before seeking one. Talking to a skilled restraining order attorney can help. They will help you figure out how these orders work for the alleged victim and abuser, how long they remain in effect, and what to do before and after their expiration.

What Emergency Protective Orders Accomplish

A protective or restraining order is critical as it provides a legal mechanism that prevents further harassment or abuse. It explicitly prohibits an abuser from approaching or contacting a victim. This creates a safety barrier between a victim and their abuser, offering them peace of mind. It is also a legal tool that enforces protection for domestic violence victims. It can be used as a tool for accessing support services and breaking a cycle of abuse since it creates a pause in an abuse pattern. It also allows a victim to make safety plans for their future.

An emergency protective order is an example of a protective or restraining order available in California today. As its name suggests, it is issued only in emergencies. Victims of abuse can call the police to report ongoing or recent incidents, leading to a potential emergency protective order. When they do, and the police respond, the caller is immediately presumed to be the victim. The police can help the victim with a temporary solution before they can obtain a more permanent solution to the problem.

In California, the process of obtaining an EPO starts with the victim. When they call the police for help in a domestic violence situation, the police can discuss the essence of a protective order. The police will also contact the judge on behalf of the alleged victim to obtain an EPO. This mainly occurs when the victim expresses or demonstrates a reasonable fear for their safety. The police will read and enforce the limitations of a protective order to the victim to keep them safe from their abuser until a more permanent solution is sought.

Thus, EPOs are usually issued very quickly. The victim is assisted in obtaining an emergency protective order by law enforcement officers. The judge issues the order without giving the abuser any notice of a pending hearing. Once law enforcement secures an emergency protective order, they serve the alleged abuser with a copy. Afterwards, they can file a domestic violence case against the respondent to obtain a more permanent solution to the matter. Generally, EPOs are valid for just seven calendar days. The victim must act fast on a temporary restraining order if they want further protection before determining their case.

Here are examples of what an emergency protective order can accomplish:

• It prohibits an abuser from contacting a victim in any way unless an order allows some form of communication between them
• It prevents an offender from committing further violence against a victim with an EPO.
• It prevents an offender from accessing or damaging any property belonging to a victim with an EPO.
• It orders an offender to remain away within a particular distance of a victim’s home, school, workplace, or areas where they frequent.
• It prevents an offender from contacting the victim’s loved ones, whether children, siblings, or parents, even if they are not victims of abuse.
• It orders an offender to move out of a home they share with a victim.
• It removes custody of minor children from an alleged abuser.

Some of these provisions are standard in all EPOs. However, judges decide what to include in an EPO based on the case.

The Validity of Emergency Protective Orders

An emergency protective order provides temporary protection for victims of abuse, harassment, or stalking. However, it offers temporary protection and will not effectively protect a victim of ongoing abuse. Once the victim is issued with the order, the abuser will receive a copy from the police. The order takes effect once the alleged abuser receives it. Once it is in effect, the court will protect the victim for the days stipulated in the order. Typically, this will be for seven calendar days or five business days.

Remember that the essence of an EPO is to offer immediate protection to a victim of abuse. The applicant must face imminent danger for the judge to issue the order. The days the order remains in effect allow the victim to file for more extended protection from the court if they need it. They can seek a temporary restraining order lasting about 21 days or a permanent restraining order lasting for several months. Once the victim files a case against their abuser, they will be advised as to the correct protective order to file for, depending on the details of their case.

In some cases, a judge can extend the validity of an EPO, especially if the victim needs more time to file a case against their abuser. This could also be necessary if the alleged abuser used a dangerous weapon against the victim. Judges take EPOs very seriously. The respondent must abide by the terms of the EPO to avoid additional legal issues. For example, establishing contact with the victim or anyone protected by the order can result in an immediate arrest and criminal charges for contempt of court.

The Court Can Drop an Emergency Protective Order

Remember that an EPO is only valid for a few days, after which the applicant must seek further protection from the court if needed. If the victim fails to move after an EPO expires, the court will dismiss it. This means the protection of the order will no longer be in effect, and the alleged abuser will not be liable for contacting the alleged victim. If the victim changes their mind about pursuing the matter, they will not act to extend the court’s protection. Things in the lives of the victim and the alleged abuser will move on as before.

If a victim needs further protection after five or seven days of the EPO, they must obtain a temporary restraining order. This requires them to undergo a court process, which starts with filing a violence-related case with the court. The judge will hold a hearing to determine the validity of the matter and issue a restraining order if the victim asks for one or if the court deems it necessary. Temporary restraining orders also do not last for a long time. The order typically lasts a few days until the judge hears and determines the underlying case.

An alleged abuser or respondent can also compel the court to drop an EPO. For this to happen, they must bring a motion in court to modify or remove the EPO. They must also provide compelling reasons for taking this action and any supporting evidence. For example, they can attach a signed statement by the alleged victim saying they do not wish to continue the order. The judge will review the petition and hold a hearing to determine the way forward. The judge will likely grant the petition if the applicant supports the termination or modification after considering factors including ongoing risk, coercion, and the need for protection.. However, they will consider other factors, like coercion or the victim’s need for protection, to make the final decision.

This does not mean that the alleged victim cannot obtain another EPO against the same respondent if they face imminent danger after terminating or modifying an EPO, though. If the same applicant faces harm at the hands of the same respondent, they can call for help and apply for a protective order.

Consequences of Violating an Emergency Protective Order

When a judge issues an emergency protective order, they expect the applicant and respondent to abide by the provisions of that order. Remember that an EPO contains dos and don'ts for the person it is issued against to ensure that the applicant remains safe for the period of the order. In most cases, the respondent will be prohibited from establishing any form of contact with the applicant. The judge could also ask them to provide support or leave the home they share with the alleged victim. Here are some of the ways a respondent can violate an emergency protective order:

• By coming too close to the victim in violation of an order that prohibits any form of contact between the victim and the abuser. Some EPOs specify the distance a respondent must maintain between them and the victim.
• By contacting the victim through a physical visit to their home or office or by phone or email. Sending texts or having someone talk to the victim is also prohibited in most EPOs.
• Failing to move out of a residence the abuser shares with the victim in violation of an order that requires them to move out. This is a prevalent order in domestic violence cases, whereby victims of violence feel more threatened when they live together with their abuser.
• Returning to the residence the court ordered you to move out of, even with a valid reason like collecting belongings or paying bills. If an order requires a respondent to move out, they must stay away for the period of the order.
• Visiting places the respondent is sure the victim will be, like a school or workplace.
• Failing to pay bills that the court ordered you to continue paying even after moving out of the shared residence
• Failure to abide by child support and visitation rules included in the EPO. If there are children involved in a domestic violence situation, the judge will issue an order on how their needs will be taken care of when issuing an EPO. The victim and respondent must abide by these provisions.

Violating an EPO is a grave offense that carries severe penalties for the party that violates it. The judge will act according to the nature of the violation and the respondent’s criminal history. Generally, a violation of a valid EPO is a misdemeanor, punishable by a maximum of one year in jail and $1000 in court fines.

However, violating a restraining order can aggravate a respondent’s legal situation. If they face a domestic violence charge, the judge will consider the violation when sentencing them after a successful trial. This could result in an enhanced sentence, or the judge can sentence them to the maximum penalties provided under the law for the domestic violence conviction.

If the respondent has a history of violating restraining orders in their criminal record, the prosecutor can file felony charges for a current violation. If they used a dangerous weapon against the victim after violating an EPO, the violation would even be graver.

Find a Competent Restraining Order Attorney Near Me

An emergency protective order in California is an invaluable tool in violence-related cases. It protects victims of abuse, harassment, or stalking against imminent harm. The order provides dos and don’ts that an alleged abuser must abide by within the period the order remains valid. It helps to understand how EPOs work, their provisions, and the requirements for effective decision-making for an alleged victim or abuser. A victim needs this information to understand the nature of protection an EPO provides. A suspected abuser needs to know what to expect when someone obtains an EPO against them.

A skilled restraining order attorney from Goldman Flores Restraining Order Law Firm can help you understand your legal situation and requirements. They can also help you obtain a favorable result in the underlying case. Call us at 213-341-4087 for more information.