If you are in immediate danger before the court has time to intervene, ask a law enforcement officer to ask for an Emergency Protective Order (EPO) from a Judge; this is a temporary protective order for 7 calendar days and can serve as protection from your abuser until a more permanent restraining order is filed.
An EPO may include personal conduct restraints such as exclusion from the residence, stay-away orders, and temporary care of a minor child. It also allows for a police officer to come directly to their home as soon as the abuser makes contact in any way. For example, an Emergency Protective Order may prohibit an abusive husband from being in the physical presence of his wife until a judge is able to place a more permanent protective order against him.
This type of protection is commonly needed for victims of domestic violence or child abuse. An EPO can assist with getting custody and visitation orders that protect the victim’s children and may be able to force the abuser to move out of a shared home. If your abuser violates the restraining order and tries to contact you in any way, contact your local authorities and they may be arrested under Cal. Penal Code &273.6 (west).
In what circumstances can a victim qualify for an Emergency Protective Order?
A person who believes they have suffered or are in immediate danger of suffering bodily injury or harassment may seek an EPO. An EPO is an Emergency Protective Order and it legally prohibits the other party from coming in contact with you. California Code of Civil Procedure 527.6, defines harassment as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose”. The course of conduct must be such that it would cause a reasonable person to suffer substantial emotional distress and must cause substantial emotional distress to the plaintiff.
However, what you need to understand is that if the EPO is granted it normally is only valid for seven days. It is very important that you contact our law firm before this seven-day period expires. We can file the appropriate legal documents with the court in order to obtain a permanent restraining order for you in order to protect you. The court can grant your restraining order request for a period of up to five years.
Contact Wallin & Klarich Today
Domestic violence is a crime. If you or a loved one is a victim of domestic violence in California, it is critical that you contact a California domestic violence lawyer who will protect your legal rights. You and your loved ones do not have to hurt and suffer anymore. Here at Wallin & Klarich, our restraining order attorneys have over 38 years of experience and will prepare the legal documents to file for a permanent restraining order against your abuser. Call us today at (888) 749-7428. We will get through this together.
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