An emergency protective order, or “EPO,” is issued on the spot. When law enforcement is called on a domestic case, a police officer who believes you committed an act of domestic violence will make a quick call to a judge to gain the authority to issue the EPO, which takes effect immediately, and is in force for up to seven days.
After an emergency protective order is issued, a hearing will be scheduled at which the order may be lifted, or a permanent restraining order issued. An emergency protective order is issued based upon the word of the person seeking it. If a person claims to be in fear of harassment or imminent danger or irreparable harm, an EPO is first issued, which may be followed by a criminal protective order in many cases.
Under California law, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment from another person with whom you do not have a close family relationship. Under the law, acts of harassment include:
In cases involving the workplace, the harassment occurs at work, and the protective order can be sought by an employer to protect an employee. To have the order issued, there must be reasonable proof that the employee was assaulted, stalked, battered, or threatened with violence, and that the threat could be carried out.
A criminal protective order is issued after an arraignment in a criminal case. These orders have the purpose of protecting a defendant in a criminal case. Only a judge can cancel the order, which stays in force until it is canceled, even if the criminal charges have been dismissed. If you or your children witnesses or victims of an act of violence, the criminal protective order will restrict the named person from contacting you, coming near you, or owning a firearm.
If your name is on an emergency protective order, or a criminal protective order, you are facing many legal restrictions under California law, and the threat of incarceration if any of the terms are violated. If you have been falsely accused, it is imperative that you get legal help at once. Judges do not appreciate those who make false claims of violence against another innocent party, whether in a custody dispute, acrimonious divorce, relationship breakup, or in an effort to harm another.
Attorney George H. Ramos, Jr. is widely regarded as being among the finest criminal attorneys in the San Diego area, and formerly served as a prosecutor in the San Diego City Attorney’s Office and acted as a supervising attorney in the Child Abuse/Domestic Violence Unit. His experience on both sides of the aisle can be of great benefit to you in seeking to have an order lifted or issued.
Call The Law Firm of George H. Ramos, Jr. today for assistance with an emergency protective order or criminal protective order. The first step is to speak with a San Diego domestic violence lawyer about what can be done, and how quickly. Call today.