In California, an emergency protective order (EPO) is a tool meant to protect alleged victims immediately following a domestic violence incident. An EPO against you can also disrupt your life in profound ways. Whether you are restricted from your home, prohibited from contacting your loved ones, or facing the possibility of criminal charges for violation, understanding how these orders work is critical.

At Monterey Criminal Attorney, we specialize in helping individuals like you navigate the complex legal landscape surrounding domestic violence cases. Do not hesitate to seek legal counsel if you have been issued an EPO or accused of violating one.

Definition of an Emergency Protective Order in California and How It Works

In California, an EPO is issued to protect a victim from further harm, especially when the case involves domestic violence, the threat of violence, or stalking. An EPO gives the victims protection until more permanent legal protection is sought.

Under California law, any peace officer can issue an EPO at any time of the day or night if they believe the plaintiff is in danger. The officer calls a judge to assess the circumstances and issue the order.

The judge's decision depends on:

  • The circumstances of the threat.
  • The nature of the relationship between the aggressor and victim.
  • Whether there have been any previous violence cases.

The EPO is granted on a ‘use it or lose it’ basis and becomes effective immediately after it is given. The protection afforded by EPO usually lasts for up to 7 days. This short period enables the protected party to approach the court for an extended restraining order.

As the restrained person, you should follow the provisions of the EPO, which may involve doing the following:

  • Not being close to the protected person.
  • Not approaching the protected person.
  • Abstaining from certain conduct that may endanger or threaten the protected person.

The goal is to prevent any further contact that could escalate into violence or other harmful behavior.

How the Emergency Protective Order is Implemented

Due to the circumstances involved, executing an emergency protective order is usually fast. If a law enforcement officer feels the individual is at risk or in danger, they rush to obtain an EPO. The officer normally calls a judge by phone and explains the case details, including any violence or threats.

Once the judge grants the EPO, the officer delivers it to the restrained individual, who must abide by it. This order is then entered into the California Law Enforcement Telecommunications System (CLETS), which ensures all the concerned authorities know that such an order exists and can enforce it accordingly. This system-wide notification helps prevent any further harm and secure the safety of the protected party.

Upon receiving an EPO, you must adhere strictly to the recommendations and conditions of the order. Such orders might include the following:

  1. Restraining the offender from the following:
  • Being close to the protected person by certain meters or feet.
  • Being close to the protected person for a particular number of days.
  1. Leaving the residence where both individuals were living together.
  2. Refraining from any form of communication with the protected individual.

The EPO’s objective is to ensure no continuity of interactions that may lead to violent or otherwise destructive actions.

People Who the Emergency Protective Order Protects

An EPO protects people who are in danger of becoming victims of an imminent attack, especially those who have been abused by their spouses, harassed, or attacked by stalkers. An EPO can protect people connected with the restrained person, such as a spouse, a cohabitant, a dating partner, or a family member.

Nonetheless, the protection may be extended to other people if the judge is convinced that the primary victim’s associates are in jeopardy, such as children, roommates, or close friends of the victim. Violence or threats to one person may endanger others. The scope of protection of an EPO is quite expansive since the goal is to avoid any provocation of violence and to guarantee the safety of all the involved parties.

The person seeking protection must have a reasonable fear for their life based on recent events or threats before calling the police for help. The EPO is a restraining order in that the restrained individual cannot come within a specified distance of the protected person and interact with them. This order provides the victim ample time to seek other legal redress and ensures their safety.

Provision of an Emergency Protective Order Under Family Code Section 6252

Family Code Section 6252 of the California law regulates the issuing of EPOs. The statute outlines the circumstances under which a judge may grant an EPO, with the court noting that such an order must be made promptly to protect the victim from the alleged perpetrator or further acts of aggression or violence.

The EPO does not necessarily have to be granted in a court trial. Therefore, the judge can make the protective order independently without a formal court trial. This separates the EPO from other restraining orders that may take more time in court. This fast-track procedure shows the desire to offer protection at the earliest possible time in emergencies and to guarantee that potential victims are not endangered while awaiting a trial.

This means that the issuance of an EPO does not necessarily have to be so when the aggressor has to be restrained. In these cases, the judge decides depending on the testimonies and materials shown by a law enforcement officer only. The disadvantage of being a person under the EPO is that you may not have a chance to defend yourself before the order is implemented.

Inclusions in the Emergency Protective Order

An emergency protective order is not standard since its provisions are unique depending on the situation. An EPO contains provisions ordered by the judge to prevent the continuation of the risk and protect the person. Such provisions can be extensive and might affect many spheres of your life.

  • Prohibiting You From Being Within A Specified Distance From The Protected Person

This is usually measured in feet and relates to all levels of contact, like home, workplace, or any other environment. The order may also include an eviction from a dwelling, even if the dwelling is owned or rented in common. This can be very difficult, especially if it compels you to quickly look for a temporary house.

  • Restricts On Any Communication With The Protected Person In Any Way

This comprises direct face-to-face conversation, phone calls, short messaging service (SMS) and electronic mail (e-mail) communication, and indirect communication through other persons. The order may limit your ability to reach out to the person’s loved ones, like relatives or friends, especially if the judge thinks that such interaction is capable of provoking more violence or threats.

Further, it can contain provisions on child support, especially in case the protected person and the restrained person are parents of children. The judge may temporarily change the custody agreement to protect the children and sometimes deny you access until a proper decision can be made in a family court.

In addition, other provisions of an EPO may relate to using or possessing firearms. At times, you will be barred from possessing any firearm and may be forced to hand over the firearms to the police while the order is in force. This provision is intended to minimize the chances of using force, especially in cases where firearms have been used or there is a possibility of their use.

Beyond these specific inclusions, an EPO may also contain provisions that address the use or possession of firearms. In many cases, you may be required to surrender any firearms to law enforcement for the duration of the order. This provision is aimed at reducing the risk of violence, particularly in situations where firearms have been involved or where there is a credible threat of their use.

Consequences of an Emergency Protective Order

Having an EPO granted to you in California means that a person is restricted from getting close to the protected individual, and other effects that come with it are not limited to legal ramifications. The effects of an EPO on your day-to-day life, standing, and future can be severe, especially if the order is associated with allegations of domestic violence or other risks.

Another effect of an EPO is that it negatively affects your personal and professional activities. If the order is for you to leave your house, you might end up being homeless, stranded from your property, and even from your loved ones. Such restrictions can also hinder communication with family members and friends, leading to frustration in relationships and emotional strain.

These disruptions can be especially tough if you have children with the protected person because the EPO may restrict your time with the kids until the legal process continues.

Also, an EPO has the potential to cause significant harm to one’s reputation in the long run. An order, once served, is on the record and can be retrieved by employers, landlords, and anyone else who wants to conduct a background check on you. The mere fact of being connected to an EPO, let alone that one that has been accused of domestic violence, can adversely affect your reputation and cause discrimination in many spheres of your life.

For example, you may have problems finding a place to live, a job, or even credit, as some of these organizations may consider you a liability because you have a protective order against you.

Also, there are legal repercussions that one suffers from an EPO, especially concerning the right to bear firearms. On many occasions, receiving an EPO calls for the surrender of any firearms that you might be having. This can have a major effect if you are a gun owner since it is not just your Second Amendment rights that are being violated but also any attempts to reclaim your firearms when this order is reversed.

Another effect of an EPO extends to future legal issues, mainly when you are charged with similar offenses or must challenge the order in court. The presence of this EPO can affect the outcome of a current or future case, whether it is a divorce case, a child support case, or if one is charged with a criminal offense.

Some judges may believe that the protective order means that the victim may be at risk, and this may influence their decisions about child custody, visitation rights, or sentencing in criminal cases.

Limitations of an Emergency Protective Order

Even though an EPO guarantees protection during a period of domestic violence or threats, it has its shortcomings. It is important for the individuals protected by the order and those restricted by it to understand such limitations.

It Is A Temporary Form Of Protection

An EPO is supposed to protect for a short period, usually five to seven days at most. This brief duration offers a safety margin so the system can respond safely to the changing inputs.

The Scope of an EPO is Limited

Although the order can place very rigorous restrictions on the person it restrains, it can forbid contact with certain persons and prescribe a distance from the protected person. The efficacy of the order is in the hands of the police and the courts. When the restrained person breaks the order, the protected person has no other option than to wait for the police to act and enforce the order. However, this reliance can sometimes lead to a slow or inadequate response, especially in the case of a violation that is not immediately reported or where police intervention is not easily accessible.

The EPO Depends On The First Evaluation Of The Police And The Issuing Judge

The order is usually issued based on information that may be given by the police, usually when the person to be restrained is not in a position to give their side of the story. While helpful for promoting quick action, the one-sided decision-making process means the EPO can be based on incomplete or erroneous information. If the allegations are exaggerated or false, the restrained person will be disadvantaged by the order without many chances to challenge it before it is implemented.

The Jurisdiction Of The EPO Is Limited To California Alone

If the restrained person goes to another state, issues arising from enforcing the order are bound to occur. While California law enforcement agencies are legally bound to execute the EPO within the state, additional formalities, such as order registration in the other state, may be necessary for enforcing the same across the state's border.

This geographic restriction may weaken the order significantly, especially when the restrained person seeks to flee the order by moving from one state to another.

There Is a Limited Effect on Third Parties

Although the order is intended to protect a person and their property, the consequences may ensue for those not directly involved in the conflict. For example, if the EPO directs the restrained person to leave a residence, other residents, such as children or other family members or friends, may also be forced to leave the residence or suffer disruptions. Likewise, the contact ban can also involve family members or friends, which creates a wider circle of restrictions that hurt the personal lives of those not under quarantine and might have unforeseen consequences for the subject of the order.

Violation of an Emergency Protective Order

For an EPO to be effective, the legal burden of obeying it lies solely with the restrained individual, not the protected party. This means that the alleged victim cannot technically violate an EPO.

The protected individual can proceed with their life as they wish and even communicate with the restrained person if the former desires. But if the restrained person communicates or interacts with the alleged victim in any way after contact is made, they can be regarded as violating the EPO. This puts the protected person in a dominant position over the restrained person since any communication will likely attract criminal charges against the latter.

However, if the protected person pushes or forces the restrained person to violate the EPO, it becomes an issue, especially in court. Even if the alleged victim does not suffer the legal consequences of such actions, her behavior may be scrutinized in any case that challenges the EPO, which may affect the court's perception of the case.

Penalties, Sentencing, and Consequences

According to California PC 273(a), an EPO violation can be prosecuted as either a misdemeanor or a felony, depending on the circumstances of the violation.

If the violation of an EPO is charged as a misdemeanor, the penalties involved are:

  • Up to one year in county jail.
  • Up to a thousand-dollar fine.
  • Or both.

The court may also order other conditions to address the causes of the violation, such as counseling or community service.

However, if the violation causes acts of violence or stalking, or if it is a series of offenses, it can be charged as a felony. A felony may attract a prison term of up to 3 years and a fine of up to $10,000. In addition, a felony conviction can potentially affect one’s life in the future; for example, one loses some civil liberties, such as the right to vote or carry firearms.

Federal and state laws severely restrict people under a protective order, especially on firearms. In general, if California law has been violated in connection with an EPO, the holder’s right to firearms is suspended immediately, and you will have to turn over any firearms you own to the court. Noncompliance with this provision may attract other criminal charges and a lifetime ban on firearms.

Legal Defenses and Strategies for Violation of PC 273.6

You can use several legal defenses to fight EPO violation charges, including:

Absence of Knowledge of the EPO

You must have been given proper notice of the EPO and the terms of it for a violation to occur. It must be proved that you were served with the order or had knowledge of the order being made. You will be in a good position if you are unfamiliar with the EPO. For example, if the order was not served correctly or if you never got it, the chances could be that the charges against you will be dropped.

You Did Not Violate the Order Willfully

An important element of a violation under PC 273.6 is that the act was done willingly. This means that the prosecution has to establish that you acted in a way that you knew violated the EPO's provisions.

You can claim it was not deliberate if you violated the EPO through oversight or misunderstanding. For example, if you were in a public place and met the protected person without realizing they would be there, this may be a defense.

The law also appreciates that not all engagements are premeditated, and your lawyer can defend you because you never intended to violate the order.

The Restrained Order Was Not Lawful

An EPO may be considered invalid if there was no legal basis for the order or the procedures were not followed as they should have been. This could happen where the order was granted based on some fake information, or the judge had no legal right to make the order. As you were able to prove the EPO was unlawful, you can prove that you cannot be punished for violating an unlawful order.

False Accusations

You may be defamed for violating an EPO, especially where such policies are evoked in matters involving marriage breakdown. If you are the victim of false information, then evidence that will disprove the information is crucial. This may be called records, testimonies from other people, or recorded videos that depict that you never committed the offense. Your attorney can assist in constructing a case that will show that the allegations are untrue and help you avoid a wrongful conviction.

Find a Domestic Violence Attorney Near Me

Dealing with an Emergency Protective Order in California can have lasting consequences, including your relationships, freedom, and even your ability to secure employment. The restrictions imposed by an Emergency Protective Order are serious, and any intentional violation can result in severe legal repercussions, including criminal charges, penalties, and a permanent mark on your record.

If you are unfamiliar with how protective orders work or the defenses available to you, hire a domestic violence attorney. At Monterey Criminal Attorney, we understand the gravity of an EPO violation. We have experience defending against charges involving EPOs and violations under Penal Code 273.6. Whether you are dealing with false accusations or procedural errors, call us at 831-574-1791, and we will work tirelessly to protect your rights and achieve the best possible outcome.