Family is a priority for most individuals, making it complicated when a person you are in a close relationship with obtains a protective order (PO) against you. California PO laws are also complex, and you need legal guidance if an order has been issued against you by the court. At the California Criminal Lawyer Group in Santa Ana, we will evaluate the PO’s facts, the circumstances leading to its issuance, and the order’s conditions to determine the best way forward. We understand some members misuse POs, so we will assist you in comprehending your circumstances, mainly when the court grants an emergency protective order (EPO) against you.

Legal Definition of EPO

An emergency protective order (EPO) is a legal document issued by a court to safeguard those in immediate danger of harm. It is frequently given in domestic abuse, harassment, stalking, or other types of abuse. An EPO prevents the alleged abuser or aggressor from contacting, threatening, or approaching the victim or other designated individuals to protect the victim temporarily.

An EPO's specific provisions will change depending on the case's jurisdiction and facts. However, an EPO will have specific common conditions:

  • It prohibits you, the restrained party, from participating in acts like phoning, threatening, harassing, or damaging the accuser’s assets.
  • A requirement to retain a particular distance from the victim, their residence, or workplace.
  • A resident exclusion order requires you to leave the accuser’s home if you share the residence. With the civil order, the plaintiff can live alone in the apartment you co-own.

For the court to issue a domestic violence EPO, you must have a close relationship with the plaintiff. You and the accuser can be legally separated, domestic partners, cohabitants, in-laws, have children together, married, dating, or former lovers. 

The court can issue an EPO when a police officer requests it at any time. The request is made when the officer responding to a domestic violence (DV) incident sufficiently believes the accuser requires immediate protection from the dangers of DV, senior citizen abuse, or child abuse.

Additionally, the officer must convince the judge that the EPO is required to prevent the recurrence of DV, child abduction, or elder abuse. In these situations, the officer contacts a judge or any judicial officer and requests an EPO based on their judgment of the problem.

EPOs are often issued ex parte, which means that the alleged abuser is not required to be present or given a chance to react. They are frequently transient, typically lasting for a short time, usually five work days or a calendar week, and offer temporary protection. A judge typically sets a formal hearing after issuing an EPO to allow both parties to present their cases and decide whether a longer-term protective order, like a restraining order, should be obtained.

After the timeline lapses for the EPO, the victim can request a temporary restraining order (TRO). This prevents you from contacting them for additional days until the court holds an entire proceeding to decide whether to issue a permanent restraining order (PRO).

Reasons for EPO Issuance

When an officer confirms sufficient reasons for an EPO, the judge grants it. These reasons are:

  • The accuser is at immediate risk of DV based on accusations of recent abuse or threatening incidents.
  • Based on allegations of current abuse or threatening incident, a child is at immediate risk of abuse by you, the perpetrator.
  • A minor or child is at risk of abduction based on sufficient grounds that you plan to abduct or skip town with them.
  • A senior citizen or dependent is at immediate risk of abuse as per W&I 15610.07.

If these grounds exist, an EPO will be issued, and the judge will ask the officer to protect the accuser and the family.

Action to Take After an EPO is Granted Against You

You must take the situation seriously and behave appropriately if an EPO has been issued against you. Here are some actions you will want to take:

  1. Read and Comprehend the Sequence

Understand the terms and circumstances of the emergency protection order by carefully reading it from beginning to end. Pay great attention to any limitations, conditions, or commitments put on you.

  1. Obey the Order

It is essential to abide by all the guidelines outlined in the protection order. Serious legal repercussions could arise from breaking the rules. Note any prohibitions on accessing the person who obtained the order at their home, place of employment, or any other specified locations, and any different particular directions included in the order.

  1. Seek Legal Counsel

Speak with the accomplished California Criminal Lawyer Group in Santa Ana, which has experience in domestic abuse cases. We will advise you on the best action based on your unique situation. Your lawyer will assist you in comprehending your legal options, outlining the courtroom procedure, and offering counsel if necessary.

  1. Gather Evidence and Documentation

Gather any proof or paperwork that could help you prove your point or refute the protection order. Text messages, emails, witnesses, or any pertinent data that can show your innocence or refute the necessity of the protection order will be included in this.

  1. Obey Court Orders

If the protective order requires you to appear in court or participate in legal proceedings, show up for all planned appearances. The judge can prolong the order if you do not show up, among other undesirable consequences.

  1. Uphold Good Conduct

 It is essential to act honorably and to refrain from any actions that can be interpreted as a breach of the rules. Record your conversations and activities to show that you operate responsibly and in compliance.

  1. Modify or Challenge the Order

 Your choices for changing or disputing the protection order will depend on the specifics of your situation. To choose the best strategy for your case, speak with your lawyer. They can assist you in completing the required papers and advocate for you in court.

  1. Participate in Counseling or Intervention Programs

The court could order you to participate in counseling or intervention programs in specified circumstances. Comply with all such obligations and carry out the court's orders. It will strengthen your case in the long run and show you are committed to dealing with the problem.

The Length of an EPO

An EPO term can change depending on the jurisdiction and the case's particulars. In California, a domestic violence EPO typically lasts 5 to 7 days, which is not very long. It offers the plaintiff urgent protection until a more thorough evaluation and hearing happens.

A complete hearing is typically scheduled following the issuance of an EPO, giving the petitioner and the alleged abuser a chance to submit their cases. If a longer-term protective order, such as a permanent restraining order, should be granted, the court will decide at the hearing. A restraining order's term will vary, but in California, they are frequently given for extended periods, from a few months to many years.

The length of an EPO in California will change depending on the situation and the particular order given by the court. It typically lasts until the end of the fifth court day after issuance or for a maximum of seven calendar days, whichever comes first.

Remembering that an EPO is a temporary order created to offer the victim urgent protection is crucial. It acts as a quick fix until a full hearing is scheduled to decide if a restraining order or another type of longer-term protective order should be imposed.

The court will evaluate the facts and arguments put forth by both parties at the full hearing, which often occurs within the time frame specified by the EPO. Based on this evaluation, the court will decide whether to grant a longer-term protective order, which can offer protection for a specific period, frequently up to several years.

A local attorney can give you the most accurate and recent information, depending on your circumstances and the particular county where the order was issued, if you have questions about the duration of an EPO or need specific information about your scenario.

The Duties of an EPO

To ensure the security and welfare of protected individuals, an EPO places obligations and limitations on you, the restrained party. The specific responsibilities will change depending on the jurisdiction and the rules mentioned.

Generally, you, the restrained party or respondent, must refrain from contacting the protected person(s). This includes not approaching, contacting, texting, emailing, or using intermediaries to communicate.

Similarly, you must maintain a set distance from the protected individual's homes, places of employment, schools, or other designated sites. This obligation is designed to stop any physical contact that would endanger the victim.

Also, you will be asked to hand over any firearms, ammunition, or other weapons you have in circumstances with a risk of harm. This obligation is to lessen the likelihood of additional violence or injury.

Furthermore, it would help if you forewent any intimidation, harassment, or stalking of the protected individuals. This obligation ensures that the safeguarded people are not constantly in fear or emotional anguish.

The order will cover temporary custody arrangements and visitation rights if the EPO involves minors. If there are issues with the child's safety, the responsibilities imposed in this situation will limit your access to the children or suspend visitation altogether.

All parties must carefully study and comprehend the detailed obligations and limitations outlined in the EPO. If you do not satisfy the EPO's duties, there will be legal repercussions, for example, contempt of court or additional criminal charges.

Violating an EPO

An EPO is a civil order and is in no way criminal. Nevertheless, when you violate it, you face criminal charges. California PEN 273.6 criminalizes an act that violates the conditions of an EPO. The court will deem you to have violated EPO terms if:

  • An officer served you the EPO in person.
  • You knew about the order.
  • You were capable of meeting the order’s conditions.
  • You deliberately violated the orders.

When you breach the EPO terms, law enforcement will receive a report of the violation from the victim or the prosecutor and decide whether to file charges against you. The charges will be anything from a misdemeanor to a felony.

If the evidence against you is sufficient, the police will arrest and detain you until a court hearing to rule on your bail or the arraignment hearing.

When proving you knew of the order’s existence, the prosecutor will show the court that you had the time or the opportunity to read it but decided otherwise. If you commit another crime while in breach of your EPO, you will face separate charges for violating PEN 273.6 and the statute governing your crime. Criminal offenses often convicted alongside EPO breaches are stalking, DV, criminal threats, court contempt, vandalism, and senior citizen abuse.

An EPO breach is usually a misdemeanor that attracts a monetary court fine of at most $1,000 and jail incarceration not exceeding twelve months. Nevertheless, a violation of EPO conditions for a second or subsequent time is a wobbler. Also, if the breach involves violence, the prosecutor can file the crime as a felony or misdemeanor. As a felony, a violation of an EPO attracts at most $10,000 in court fines and no more than 36 months of prison incarceration.

If you are an alien, a PEN 273.6 violation conviction will not adversely affect your immigration status. Nevertheless, in some instances, you could be declared inadmissible or deportable.

A felony conviction for a PEN 273.6 violation will adversely affect your firearm rights. You will be denied the privilege to hold a firearm. Nevertheless, when the sentence is for a misdemeanor, there will be no consequences for your weapon ownership rights.

Repercussions of Having an EPO

Having an EPO will affect many aspects of your life.

It Will Appear During Background Checks

When searching for a job or leasing an apartment, people will run background checks to determine if you have a history of crime. Unfortunately, when the court issues an EPO, it is entered into the California Law Enforcement Telecommunication System (CLETS) as it is deemed a CLETS order. All police departments in California can access this information to enforce civil orders wherever they go. Because this is public information, obtaining employment, school admission, or a license becomes a significant challenge, jeopardizing your career. You can prevent your name from being fed to this system by hiring a lawyer early in the case. Your legal representative will negotiate with the accuser and prevent your name from being fed into CLETS.

An EPO Will Impact Your Residence

Stay-away and residence exclusion orders would force you to leave your home if you lived with the accuser. Once the order is granted, the police will escort you to the house to pick up some essentials. This will only take a few minutes, and you will not be close to the accuser until the order lapses. Being ordered to keep a certain distance from the accuser means you cannot return to your home and will have to find a new residence.

It Will Interfere With Your Career and Social Life

An EPO is issued to safeguard a party you are accused of harming or threatening harm to. Therefore, if the accuser is your spouse, you will be forced to stay away from your children, the friends you share, or even the activities you used to enjoy together, severely denting your social life. Again, if you work in the same place, going to work will violate the order, and you could be forced to find another job or miss work for some time until the order’s duration lapses. The requirement to pay hefty fines will also dent your personal finances.

An EPO Will Threaten Your Career

If you are already employed, an EPO will not result in a dismissal, although it could minimize your promotion charges. However, if you are on a job search, it appearing on the background checks will be a problem. Also, if your work requires you to possess a firearm, you will be forced to quit if an EPO violation comes with a requirement to relinquish your firearm ownership rights.

If the order requires you to stay 100 yards away from the victim and it happens that you work for neighboring companies or the same employer, going to work will be an EPO breach.

Lastly, when an employer believes the order against you negatively affects their business, they can dismiss you without breaking the law, leaving you unemployed.

Legal Defenses for an EPO Violation

Speaking with an attorney who can offer specialized advice based on your unique situation if you are accused of breaking an EPO in Santa Ana is vital. We can defend you against the charges at the California Criminal Lawyer Group for a favorable outcome.

We can start by asserting that you were not adequately served with the EPO notice. It means that you cannot be held responsible for breaking an order you were unaware existed in the first place. However, having your lawyer confirm this defense is crucial because the courts will have precise guidelines for legal EPO service.

Similarly, you can claim you did not willfully breach PEN 273.6. You can use this as a defense if you show that you did not intend to violate the EPO or that your actions were accidental. Your lawyer will assess the strength of this defense in your particular situation because it can be complicated.

When you think the accusations brought against you are untrue, you can discredit the accuser and show that the alleged violation did not take place by presenting witnesses and supporting evidence. Gathering proof and witness testimony to support your defense is critical. Malicious or false allegations are common and normally occur when a spouse or former spouse lies to the police about a violation of EPO to obtain an advantage in child custody, for vengeance, or out of anger.

Do not try to defend yourself in these situations. Instead, speak to a criminal defense lawyer. A legal representative is critical, mainly when discussions with a prosecutor about criminal charges are involved or when the case has a hostile witness or accuser. An attorney is also essential when you want to plead guilty to a lesser offense through a plea deal.

Once you have hired a lawyer, they will conduct a pre-investigation to convince the prosecutor not to file charges. If the prosecutor proceeds to file charges, your lawyer will gather evidence to impeach the plaintiff's credibility, compelling the court to drop the charges.

You can defend yourself if the protected person knowingly and voluntarily agrees to your illegal acts under the EPO. To evaluate the strength of this defense and comprehend the precise conditions for permission in the context of an EPO, it is crucial to speak with a lawyer.

Another defense is to question the legality of the EPO by claiming that it was issued incorrectly. This defense will entail proving that the EPO is invalid because of procedural mistakes, a lack of evidence, or other circumstances.

The law requires the prosecutor to prove a case’s elements beyond moral certainty to secure a conviction. If they lack enough evidence to show that you breached EPO conditions, the charges will not stand because the evidence presented cannot meet the evidentiary standard.

If you receive an EPO, do not hesitate to contact us. We will review the order and challenge its legality. When you face charges for a PEN 273.6 violation, our lawyers will review the case and develop solid defenses to prevent a conviction or a charge reduction.

Find a Knowledgeable Domestic Violence Lawyer Near Me

EPOs are complex, and many restrained parties that attempt to resolve these issues without legal guidance face more trouble when a court grants TPOs or PROs. The consequences of restraining orders are devastating to your private and professional lives. Therefore, you should be careful when dealing with EPOs and partner with an experienced lawyer.

At the California Criminal Lawyer Group in Santa Ana, our core duty is to provide you with the best criminal defense lawyers to handle your restraining order professionally. We will evaluate the demands and advise you on the following steps to avoid a violation. If you already face EPO violation charges, we will offer legal representation. Call 714-844-4151 to speak to our lawyers for a consultation.