Guide to Protective Orders

Overview

Types of protective orders

The police can ask for an Emergency Protective Order (EPO) to protect the victim of a crime, usually when the victim calls the police or 911 for help.

If the defendant (the person accused of committing the crime) is arrested and charged, a judge can issue a Criminal Protective Order (CPO) to protect victims and witnesses.

How restraining orders are different from a protective order

A victim may also be able to file their own case to ask for a restraining order.

A restraining order can include some of the same orders as an EPO or CPO, like ordering the defendant to stay away from the victim. But in restraining order cases filed by a victim (instead of law enforcement), additional protections may be available.

A victim can have a restraining order and an EPO or CPO at the same time. If the court orders conflict (for example, if different orders are about the same thing), see the last page of the protective order or restraining order documents for instructions about which court orders to follow.

Protective orders requested by police

Emergency Protective Order (form EPO-001)

A law enforcement officer can request an Emergency Protective Order (EPO), usually when the victim of a crime calls the police or 911 for help. The officer fills out an Emergency Protective Order (form EPO-001) application and contacts a judge to review the application. A judge is available 24/7 to sign off on these emergency orders.

The judge can order the EPO to prevent future harm if there is domestic violence (domestic abuse), child abuse, child abduction, stalking, or abuse against an elderly person or dependent adult.

An EPO can include orders that the defendant:

• Not contact people protected by the order
• Not harass, stalk, threaten or hurt people protected by the order
• Stay a certain distance away from people protected by the order or places they live or go regularly
• Move out from a home that is shared with the protected person
• Not have guns, firearms, or ammunition

An EPO only lasts a short time, usually 5-7 days. If the person protected by the EPO needs protection that lasts longer or wants to ask for other orders, they can apply for a restraining order

Gun Violence Emergency Protective Order (form EPO-002) 

A police officer can ask for a Gun Violence Emergency Protective Order (GVEPO) to stop someone from having guns, firearms, and ammunition. The police may ask for this type of order if they are worried that someone will hurt themselves or others with a gun or firearm. A GVEPO can’t include other court orders, like stopping the person from contacting or going near others.

The officer fills out a Gun Violence Emergency Protective Order (form EPO-002) application and contacts a judge to review the application. A judge is available 24/7 to sign off on these emergency orders.

If granted, a GVEPO will last up to 21 days. There will be a court hearing (court date), where the police and the person listed on the order will have to go to court. At the court hearing, the judge will decide whether to extend the GVEPO. If extended, this order can last from 1 to 5 years.

This type of order can also be requested without police involvement, by a family member, roommate, employer, employee, teacher, or coworker of the person who may be a danger to self or others. Learn more about gun violence restraining orders in California.

If there is a protective or restraining order against you, you must obey all the orders including any prohibiting guns or firearms. If you do not follow the orders, you could be arrested and charged with a state or federal crime. 

Protective orders issued in a criminal case

A judge can issue a protective order while a criminal case is ongoing

Criminal cases start when the prosecution (a lawyer representing the government) files charges against someone (the defendant). In some cases, a judge will issue a Criminal Protective Order (CPO) to protect victims and witnesses while the criminal case moves forward. A CPO can include orders that the defendant:

• Not contact people protected by the order
• Not harass, stalk, threaten or hurt people protected by the order
• Stay a certain distance away from people protected by the order or places they live or go regularly
• Not try to keep a victim or witness from testifying or going to court
• Not try to find the location of anyone protected by the order
• Not have guns, firearms, or ammunition

The judge may issue a Criminal Protective Order – Domestic Violence (CR-160) or Criminal Protective Order – Other Than Domestic Violence (CR-161), depending on what the defendant is charged with. If that happens, the defendant will get a copy of the CPO of the order in court. Usually, this happens at their first court date (the arraignment).

Some CPOs can be canceled (dismissed) when the criminal case ends. To find out, look at the CPO in the case. If "Order Under Penal Code section 136.2" is checked, the CPO may be canceled (dismissed) early if the defendant's case is finished before the expiration date listed on the form.

Victims or witnesses can get a copy of the CPO from the Victim Witness Assistance Center or the prosecutor’s office to learn more. If the 

A judge can issue a new protective order if the person is convicted

If the defendant is convicted of the crime, a judge may issue a CPO at the time of sentencing, including if the defendant is put on probation. The defendant will get notice of the protective order at the time of sentencing.

If the victim of the crime is not in court at the time of sentencing, they may need to contact the Victim Witness Assistance Center or prosecutor’s office to learn whether a CPO was issued and to get a copy. The CPO may be valid for up to 10 years.