Thursday, November 7, 2013

Domestic Violence: The Emergency Protective Order



If you or your family has or is suffering from domestic abuse, including any form of Domestic Battery, including Criminal Threats, and you need protection right now, call 911! Domestic abuse, as defined on the Orange County Court website, means to intentionally or recklessly cause or attempt to cause bodily injury to you; or sexually assault you; or to place you or another person in reasonable fear of imminent serious bodily injury; or to molest, attack, hit, stalk, threaten, batter, harass, telephone, or contact you; or to disturb your peace; or destroy your personal property. Abuse can be spoken, written, or physical.

Moreover, if you have suffered from Domestic Violence then you are entitled to the protections of a domestic violence restraining order. An Emergency Protective Order is a short-term restraining order that the police serve on the person committing the abuse. A Domestic Violence Restraining Order lasts longer and is issued by the court. You could call one of many local Domestic Violence Attorneys in Orange County to answer your criminal law questions. For help filling out the forms necessary to get a domestic violence restraining order you can go to or call the:

    • Domestic Violence Assistance Program Office located in room C611, 6th floor, at the Superior Court of Orange County, Lamoreaux Justice Center
    • 341 The City Drive S.
      Orange, CA 92868
    • (7-14) 935-7956
A domestic violence restraining order can be extremely helpful. The terms of any domestic violence restraining order can contain any combination of the following conditions:

  • Not to contact or go near you, your children, other relatives, or others who live with you
  • Not to have a gun or ammunition
  • To Move out of your house
  • Obey child custody and visitation orders
  • Pay child and/or spousal support
  • Obey orders about property

If the person restrained violates a domestic violence restraining order, they have committed a crime and are subject to immediate arrest, prosecution by the District Attorney, and may have to serve time in the Orange County jail. Any Orange County criminal defense lawyer knows that most protective orders in Orange County also restrain the person from coming within a specific distance (such as 100 yards) from the victim.

Usually, you can get a Temporary Restraining Order against the person on the same day you fill out the forms. The judge will usually set a hearing about three weeks from the day you get the temporary order. At the hearing, the judge will want to hear from both sides. You are entitled to have a Domestic Violence Lawyer at the hearing with you. If you don’t have a criminal defense lawyer in Orange County, you can have one friend accompany you and sit at your table during the hearing. The judge will then decide whether to continue the domestic violence restraining order for up to five years.

If you are the victim of, or have been charged with domestic assault, criminal threats, Corporal Injury, or any other form of domestic violence, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. Or visit our website at www.EJEsquire.com. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.

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