How EPOs work in domestic violence cases and what to do if one is issued against you.
An Emergency Protective Order can be issued by police at the scene of a domestic incident—often before any criminal charges are filed. Violating an EPO is a separate criminal offense that can result in immediate arrest, even if the underlying allegations are false.
An Emergency Protective Order (EPO) is a temporary restraining order that can be obtained by law enforcement officers 24/7 by calling an on-call judge. Unlike other restraining orders, an EPO:
An EPO remains in effect for 5-7 calendar days (until the close of business on the 5th court day or the 7th calendar day, whichever comes first). During this time, the protected person can seek a longer-term restraining order.
An EPO typically orders the restrained person to:
Understanding how EPOs fit into the broader protective order framework:
| Type | Duration | How Obtained |
|---|---|---|
| Emergency (EPO) | 5-7 days | Police request to on-call judge |
| Temporary (TRO) | 20-25 days | Alleged victim files with court |
| Permanent (DVRO) | Up to 5 years | After court hearing |
| Criminal Protective Order | Until case concludes (or longer) | Issued by criminal court judge |
If police issue an EPO against you, take these steps immediately:
Even if you believe the allegations are false, obey all EPO terms. Violations result in arrest.
Gather essential belongings (if allowed) and leave. Do not argue with police about whose home it is.
Understand exactly what you are prohibited from doing. Terms vary by order.
Get legal representation immediately—you have rights that need protection.
Turn over any firearms and ammunition within 24 hours to avoid additional charges.
Note the circumstances, officer names, and keep copies of all papers.
Do NOT contact the protected person for any reason—even if they contact you first. Even responding to their call or text is a violation. The protected person cannot "give permission" to violate the order. Only a judge can modify or terminate an EPO.
Violating any protective order, including an EPO, is a crime under Penal Code 273.6:
When an EPO expires, one of several things may happen:
Facing an EPO or domestic violence allegations? Your rights matter.
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