You should take steps to protect yourself and/or your children should you encounter an individual who may be a threat to you or your family’s safety.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that practices family law and represents clients in Sacramento, California and clients in Northern California with services they need and deserve when addressing all aspects of protective and emergency orders. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Call now 916-443-1267 for your free consultation.
Emergency Protective Order
An emergency protective order is issued by a judge at the request of a law enforcement officer when there is a danger of domestic violence, child abuse, abduction or elder abuse. What most often occurs is that a police officer is called to a person’s residence for a disturbance. If the officer feels an emergency protective order is necessary, then the officer will contact the court to speak to a judicial officer.
If an emergency protective order is issued it will only be temporary (up to seven calendar days). If you need an order that will protect you longer, you must seek a domestic violence restraining order.
Issuing an Emergency Protective Order
An Emergency Protective Order (EPO) is issued by a Judge, Commissioner, or other judicial officer on the request of a police officer, sheriff’s deputy or other law enforcement officer. The EPO restrains the arrested person from having contact or communication with the protected person and is valid for seven days; until the person arrested for domestic battery, criminal threats or stalking has first appeared in court at the arraignment.
Emergency Restraining Order
An emergency protective order can be issued as a domestic violence restraining order to protect you or your family from someone with whom you have a close relationship and who is abusive. These orders will limit that other person’s contact by requiring that they maintain a certain distance away from you and/or your family.
Domestic Violence Restraining Order
You may request a Domestic Violence Restraining Order, against your spouse or former spouse, someone you are dating or have dated, or anyone closely related to you by blood, marriage or adoption. This also includes the other parent of your children and those who may live in your home. These orders can include and protect your children or others who are close to you.
Should you need to obtain a domestic violence restraining order from the other parent of children you have together, the court will make a Parenting Plan as part of the order.
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