An emergency protective order is issued by a court to prevent contact and communication between a protected person (the petitioner) and a restrained person. It contains orders that prevent the restrained person from exhibiting specific behavior towards the protected person, including coming close or contacting them in any way, taking their children, assaulting or threatening them. EPOs are generally issued in domestic violence situations to protect the alleged victim from imminent danger as they seek a more permanent solution to their situation.
If someone obtains an EPO against you in Los Angeles, our skilled attorneys at CCLG: Los Angeles Criminal Attorney can help. They will ensure you understand your legal situation, the provisions of the order, and your options in protecting yourself. If the protected person files criminal charges against you, your attorney can also help with a defense for a favorable outcome.
An Overview of Emergency Protective Orders
Emergency protective orders are issued to a person who is in a domestic violence situation. When such a person calls the police for help, an officer can help them obtain an EPO for immediate protection before they take further action against their abuser. EPOs are issued instantly, even by phone. The alleged victim does not have to go through a court process to obtain an EPO, which is a general requirement for other restraining and protective orders. What the person needs is to contact the police for help and to request the police’s help in obtaining immediate protection against further domestic violence.
Once a court issues an EPO, it remains effective for seven days (or five office days). Within those days, the victim of domestic violence can file charges against their abuser and file for a temporary or permanent restraining order if they still believe that they are in danger. Once the judge receives the petition, they will hold a hearing to determine the circumstances and outcome of the underlying matter. A court hearing can be held within 30 days of the filing, and both parties are expected to appear and present their issues before a judge.
Although the police help victims apply for EPOs, victims must meet specific criteria to receive this assistance. Some of the requirements include the following:
- The victim believes that they are at risk of domestic violence because of a previous case of domestic violence, or
- The victim is in a current situation of domestic violence
- A victim is in a pending or current threat of being abducted by their parents or family members
- A dependent adult or senior citizen is facing an imminent threat of abuse
- An underage minor is at risk of violence by a parent, family member, or household member
Remember that domestic violence is not always physical. It can be emotional, psychological, or expressed through verbal threats. Abuse can also take many forms, including physical assault, physical harm, threats of harm, and physical or emotional harassment.
Emergency protective orders protect anyone facing domestic violence, not just children and spouses. They also protect the elderly, dependent adults, and other members of a household who face threats of violence. Those who apply for protection through an emergency restraining order must have a close relation with the alleged perpetrator. This means that an applicant can be a spouse, a domestic partner, a person with whom the restrained person is dating or has a child with, or a person living in the same household as the alleged perpetrator.
If the victim of domestic violence is a minor, an adult can call for help on their behalf.
What an EPO Does
When a person obtains an EPO against you, the order will limit communication and contact between the two of you. Although the specifics of these orders vary from one case to another, they generally contain the following prohibitions:
- The order will ban any contact between you and the victim or the victim’s family, whether physical or electronic
- It will prevent you from accessing or damaging the victim’s assets
- It will prevent you from issuing threats or being violent towards the victim or their family
- The order can grant child custody to the victim
- It could require you to seek treatment or rehabilitation for an underlying issue, like an anger issue or drug or alcohol abuse.
- It could prohibit you from owning or purchasing a firearm
- You could be ordered to move out of the home you share with the victim
- You will be required to stay within a particular distance of the victim, their home, or workplace
- You could be banned from contacting the victim through a third party
However, an EPO does not mark the end of a marriage or relationship. If you are in an abusive or difficult relationship and you would like to end it, you must use the right legal process to achieve that.
Once the seven days of protection are over, the EPO will no longer be in effect. This means you will not be in violation if you do the things prohibited in the order. However, if the victim obtains a temporary or permanent restraining order against you, you will be in serious violation if you violate the provisions of that order.
What To Do If Someone Obtains an EPO Against You
The court issues all protective and restraining orders. This means that they should be taken with the seriousness they deserve. If a person obtains an EPO against you for an alleged abuse that did not occur, you must abide by the provisions of that order to avoid further legal issues. If they file charges against you, you will have a chance to tell your side of the story before a judge. If not, the order will remain in effect for only a week, after which you can continue living your life as before.
However, you can take quick action to protect your rights in case the alleged victim pursues the matter further. Here are some ways you can achieve this:
Talk to a Skilled Criminal Attorney
Protective and restraining orders are generally written in a legal language that could be difficult to understand without the help of a skilled attorney. That is why your first response, upon learning that an EPO has been issued against you, should be to consult an attorney. Your attorney will go through the order to explain its prohibitions to you. They will ensure you understand how to behave while the EPO remains in effect.
They will also explain the possible action the alleged victim can take against you, and how you must prepare. For example, if the victim files charges against you, your attorney will ensure you understand the nature and seriousness of those charges. They will also prepare you to defend against any charges you could face and to fight a more permanent restraining order if the victim files one.
Abide by the EPO’s Provisions
Remember that once a judge issues an EPO, it takes immediate effect. You must abide by its provisions, even if you do not agree to all the terms of the order. You must also abide by the provisions of the order even if you are the victim of abuse. Once a hearing is scheduled, you will have an opportunity to defend yourself before a judge.
Violating the provisions of an EPO has serious consequences. You can be arrested and charged with contempt of court. Thus, avoid any contact with the alleged victim. Stay away from their home, property, or place of work. If they initiate contact, restrain yourself from communicating with them.
Gather Evidence
Start preparing your defense as soon as the EPO goes into effect. If the victim files criminal charges against you, you could lose more than your family or freedom. Your attorney can help you collect evidence that could help your case.
They can help you find witnesses who are willing to testify in your favor. Your attorney will skillfully interview them and use their statements in your favor during the hearing.
Solid evidence will prove your innocence. If you are falsely accused of domestic violence, a witness can verify this information by providing your alibi. They can paint a completely different picture of your relationship with the alleged victim, to prove that you are not an abuser, or that you are the victim of abuse.
Acting fast enough ensures that you have enough time to gather sufficient evidence to fight your charges in court. The kind of evidence your attorney will help you gather includes communications between you and the alleged victim, and GPS records to confirm your whereabouts.
Violating an Emergency Protective Order
Violating an EPO means that you failed to abide by the provisions of a court-issued protective order. It is a crime, under PC 273.6, and can result in serious penalties upon conviction. Prosecutors file misdemeanor or felony charges against anyone who violates an EPO, depending on the nature and consequences of the violation. However, they must first prove beyond a reasonable doubt that the violation actually happened. The elements of this offense, which the prosecutor must prove to get a criminal conviction, include the following:
- That you knew of the existence of an emergency protective order
- You were able to comply with its provisions
- You willfully violated the provisions of that order
The prosecutor must first prove that you were aware that the EPO existed. This is because it was properly served to you after the protected person obtained it. Legally, a protective order goes into effect once the restrained person is served. Although the protected person is not obligated to serve the order in person, they can send a police officer, an older adult in their family, their attorney, or use a process server. Once you receive the order legally, it goes into effect. This means that you will commit a crime if you violate its provisions, even for a second after being served.
The prosecutor must also prove that the provisions of the EPO were within your means or ability to comply with. Generally, judges issue reasonable orders that will be easy to comply with. The prosecutor will point out the order you violated and prove that you were physically and psychologically able to abide by it.
Lastly, they will demonstrate that you willfully or intentionally violated the terms of the order. You could have done this by contacting the alleged victim, failing to move out of the home you shared with them, or destroying their property. If the order specifically prohibits you from possessing a firearm, you must surrender or sell the one already in your possession. If this is not done, you can be accused of violating an EPO.
If the prosecutor proves all the elements of this crime, whether a misdemeanor or a felony, the court will enter a guilty verdict. The penalties for violating an EPO are generally stiff. The exact penalties you receive will depend on the seriousness of the case.
If you are a first offender, and the violation did not cause anyone harm, the prosecutor will likely file misdemeanor charges against you. The penalties for this include a one-year jail sentence and $1000 in court fines. You could be sentenced to misdemeanor probation and be required to undergo an anger management, drug, or alcohol rehabilitation program as a condition for your probation.
If, through this violation, someone was injured, the prosecutor will likely file felony charges against you. This is generally a wobbler offense, meaning that it can result in misdemeanor or felony charges. The exact charges the prosecutor will file against you depend on the seriousness of the injury. A misdemeanor conviction will result in a mandatory 30-day jail sentence. This means that even if you qualify for probation, you must serve some time behind bars. A felony conviction can result in a sentence of up to 3 years in prison.
Repeat offenders receive more severe penalties for violating EPOs. This, too, is a wobbler, depending on the seriousness of the current violation. A misdemeanor conviction will likely result in a one-year jail sentence, with a 30-day mandatory jail sentence. A felony conviction can result in three to ten years in prison and up to $10,000 in court fines.
Additional Consequences for Violating an EPO
In addition to jail or prison sentences and court fines, other repercussions apply when you are convicted of violating an EPO. Most repercussions are long-term, meaning that they will continue to affect your life, even after completing your jail or prison sentence. This is because the criminal record remains (up to ten years for a misdemeanor, and life for a felony conviction). The most common consequences include the following:
- A lifetime firearm ban that makes it unlawful for you to own, possess, or purchase a firearm, even after completing your sentence
- Serious immigration consequences that could cause you to be deported from the United States or become inadmissible.
- Child custody issues if a child is involved. The Family Law may work against you, especially if you are also accused of domestic violence.
How a Criminal Defense Attorney Can Help
After receiving the notice that someone has obtained an EPO against you, you should contact an experienced criminal defense attorney. They will ensure you understand the provisions of that order, what is required of you, and your legal options. An attorney will also start preparing you for every possible outcome, especially if the protected person decides to file criminal charges or to file for a permanent restraining order against you. They will also ensure you understand your rights, so that you can protect yourself.
If you are accused of violating an EPO, a skilled criminal attorney can also help. Remember that this is a serious violation that can result in life-changing consequences. An experienced attorney will review the circumstances of your case to determine its strength and legal options. They will advise you on the best course of action. They will also work alongside you in developing a strong defense strategy that will trigger a favorable resolution in your case.
In addition to advising you and offering legal support during the most difficult time of your life, an attorney will use some of the best defenses to help your situation. Some of the strategies that could work in your favor include the following:
Arguing that the Violation Was Not Intentional
An EPO comes with different kinds of prohibitions that the judge sets to protect an alleged victim of domestic violence against further violence. Although the court always considers a restrained person’s ability to abide by the prohibitions, sometimes it can be difficult. This mainly depends on the day-to-day lives of both parties. If two people who have been living together for years finally separate because of a protective order, it can be difficult to live separate lives at first.
You could have found yourself visiting the same places you did before, accidentally bumping into the person you are supposed to stay within a particular distance of. If your favorite places are also the other party’s favorite places, you’ll eventually meet, which could be seen as a violation of the EPO.
However, you can fight your EPO violation charges if the meeting was accidental, not intentional. Remember that to get a conviction, the prosecutor must prove beyond a reasonable doubt that you intended to violate a particular order in the EPO. If this is not the case, and you can prove it, the court can dismiss your charges.
The Accusations are False
The protected person or someone else can falsely accuse you of violating a protective order. This may happen if they are planning to take revenge against you, or even out of jealousy. False accusations are serious because they can result in a false conviction, causing you to pay dearly for a crime you did not commit. However, you can fight a false accusation with the help of a competent criminal defense attorney.
Your attorney can use your alibi, communications between you and the alleged victim, or surveillance videos to prove that you did not violate the EPO. For example, if you are accused of contacting the alleged victim, the court can verify that by reviewing your phone or email details. If you are accused of visiting their home or workplace, surveillance footage can verify that you did not. If the victim initiated communication with you to frame you, but you did not respond, your attorney can prove that as well.
You Could Not Abide by some Orders in the EPO
Remember that the primary reason courts issue EPOs is to protect an alleged victim of domestic violence against imminent or further harm. In most cases, an EPO includes a stay-away order and a communication ban between the parties. This may be difficult to enforce when the two parties have been living or working together for years.
Remember that an EPO is issued immediately, with the help of a responding officer. Once the restrained person is served, it goes into effect. The alleged perpetrator of domestic violence is required to stay away, which could mean vacating their home as soon as possible. This may not be enforceable if you need to find a place to move to first or the finances to relocate.
Also, if you work together with the alleged victim, and you have to go to work every day, a stay-away or no-contact order may be difficult to enforce.
Your skilled attorney will demonstrate this in court to fight the EPO violation charges. Consequently, the court can lift the order or amend it, depending on the circumstances of your case.
Find a competent Criminal Attorney Near Me
Has someone obtained an emergency protective order against you or someone you love in Los Angeles?
Your first response should be to understand the prohibitions of the order and to determine the best way to defend yourself. You can do this with the assistance of a competent criminal attorney. An attorney will also ensure you understand your rights and your legal options. We can help at CCLG: Los Angeles Criminal Attorney. We understand how difficult it is to comply with protective and restraining orders. Our skilled attorneys will walk you through the difficult journey, ensuring you comply with all provisions of the order. They will also defend you in case you accidentally violate an order or are falsely accused of the same. Call us at 323-922-3418 to learn more.
