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Domestic Violence Emergency Protective Orders

Domestic Violence Emergency Protective Orders

An Emergency Protective Order (EPO) is one type of protective order available to victims of domestic violence. In California, domestic abuse laws apply to intimate partners. Intimate partners include both heterosexual and homosexual persons who are married, divorced, cohabiting, have children in common and who are or were dating. An individual who is being abused by an intimate partner may obtain an Emergency Protective Order to aid in his or her protection against the abuse.

In California, each court has an appointed judicial officer who is authorized to issue protective orders even when the courthouse is not open. Throughout this state, when a police officer responds to an intimate partner abuse call, he or she can call a judge at any time of the day or night to request an Emergency Protective Order if he or she feels that a victim is in imminent danger. Emergency Protective Orders are designed to protect victims and their children from the domestic abuser. The protective order is enforceable throughout the state of California by any law enforcement officer who is shown a copy of the order by the protected party. An EPO lasts for five to seven days, allowing the individual enough time to go to court to request a longer Temporary Restraining Order. Before that time, it is recommended that the victim contact an attorney experienced in dealing with California domestic violence matters to successfully obtain that order.

Through an Emergency Protective Order, a judge can order that the restrained person leave the home, stay away from the protected person or persons, and not see his or her children, at least on a temporary basis. In order to issue an EPO, a judge must reasonably believe, based on a law enforcement officer’s assertions, that an individual is in immediate and present danger of intimate partner abuse, that a child is in immediate and present danger of abuse or abduction by a family member, or that an elder or dependent adult is in immediate and present danger of being abused by a family member and that the order is necessary to prevent the occurrence.

Once an Emergency Protective Order is issued, it is imperative that the restrained individual hires a skilled attorney to defend against a more restrictive, more permanent restraining order. A more permanent protective order issued against an accused severely impacts the relationships with his or her spouse, children, family and friends. In addition, if a restrained person is found in violation of that order, the defendant will additionally suffer jail time and/or fines. A knowledgeable criminal defense lawyer from The Kavinoky Law Firm will not only help tell the accused’s side of the story but will ensure that it is heard as well.

The attorneys at The Kavinoky Law Firm are familiar with every aspect of a domestic abuse case and take the time to explain each step of the process with their clients. They maintain an excellent reputation for treating their clients with understanding and respect, which is only surpassed by their success rate. Click here for a free consultation.


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