Implications of Your Order of Protection
Domestic violence charges carry more consequences than jail time, fines and a criminal record. The alleged victim may also file a restraining order, also called an order of protection, against you. As a result, your daily life can drastically change. You may lose the freedom to live in your own home, see your children and travel wherever you’d like to.
Some would argue that restraining order penalties can affect you just as badly as criminal penalties can. As such, it’s important to learn about the three types of restraining orders you may suffer to best prepare for your domestic violence case
Emergency Protective Order (EPO)
Emergency protective orders can only be requested by police officers, and court judges or commissioners must be available to grant them. EPOs can be issued if there is a danger of domestic violence, child abuse, abduction or elder abuse, and last for only seven days maximum.
EPOs are typically issued when a police officer is called out to a home for disturbance or domestic violence and suspects there is an immediate and present danger. From there, they have the power to request an EPO from a judicial officer.
The purpose of an emergency restraining order is to protect the victim while they are in the process of securing a temporary restraining order from the court.
Temporary Restraining Order
When the victim goes to court to apply for a restraining order, they will learn about their hearing date within three weeks. However, a judge may issue a temporary restraining order if they believe the victim is in serious danger and requires legal protection before their court date. It lasts between 20 and 25 days and acts as the “middle ground” between an EPO and permanent restraining order.
For a permanent order of protection to be issued, the victim must serve you, the alleged abuser, the paperwork they filed with the court. Once that is completed, the judge will have the authority to enforce a permanent restraining order against you.
Permanent Restraining Order
At the court hearing, a judge will determine if a permanent restraining order is necessary to protect the victim from harm and danger. If the judge agrees that this type of order of protection is needed, it may last for up to five years. When the permanent restraining order is close to expiring, the victim may ask a judge to extend it for another five years or permanently.
Your Next Steps Are Key
If you are facing domestic violence accusations, there is a high chance that the alleged victim will first file an emergency protective order against you before getting a temporary, or worse, permanent restraining order.
This leaves you little time to make new plans concerning your living, family, professional and personal needs. Before you accept the reality of having a restraining order against you, speak to our domestic violence defense lawyer first. You can find hope and comfort knowing that you may have legal options available to help fight your order of protection.
We understand how damaging restraining orders can be, especially when they are unexpected, which is why we work vigorously to explore ways to defend your legal rights so you can move forward with your life. To begin the process, call (510) 907-6600 now!