Accused in a Domestic Violence Case: Protective Orders Explained

Three kinds of orders

According to the California Courts self-help guide, police can ask a judge, who is available around the clock, for an Emergency Protective Order (EPO). It can order the restrained person not to contact or harass the protected people, to stay away from them, to move out of a shared home and not to have guns, firearms, ammunition or body armor. An EPO lasts only a short time, usually five to seven days.

If a criminal case is filed, the judge can issue a Criminal Protective Order (CPO), often at the arraignment, to protect victims and witnesses. The protected person can also file a separate civil case for a domestic violence restraining order, which can include additional orders. More than one order can be in effect at the same time.

Following the order exactly

A protective order restricts the restrained person, not the protected person. If the protected person calls, texts or invites you over, contact can still violate the order. Violating a court order can be a separate crime and can lead to arrest and stricter release conditions. Contact through friends, family or social media can count as contact too.

If you have firearms or ammunition, the order will generally require you to give them up or sell them to a licensed dealer within a short time and to file proof with the court. Read the order itself for the exact deadline and steps, and ask an attorney if anything is unclear.

• Keep a copy of every order and read the conditions and the expiration date.
• Do not respond to messages from the protected person; save them and show them to your attorney.
• Arrange to pick up belongings from a shared home only in the way the order allows, for example with a police standby.

Responding and protecting your interests

In a civil restraining order case you will usually be served with the request and a hearing date. You can file a response and present your side at the hearing. What you write in the response, and what you say at the hearing, can also be used in the criminal case, so speak to a criminal defense attorney before you file anything. Orders can affect child custody, housing, employment and immigration status.

A criminal domestic violence case cannot be diverted under the general misdemeanor diversion statute, and release decisions follow special rules. An attorney can explain the possible outcomes and how to ask the court to modify an order, for example to allow peaceful contact about children.