An emergency protective order (EPO) is one type of protective order available to victims of domestic violence. In California, domestic abuse laws apply to heterosexual and homosexual partners, even if they no longer remain together. With respect to the GLBT community, intimate partners include those who have children together, those who are or were civilly united, those who are or were cohabitating and those who are or were dating. An individual who is being abused by an intimate partner may obtain an emergency protective order to aid in his or her protection against further abuse.

In California, each court has an appointed judicial officer who is authorized to issue protective orders even when the courthouse is not open. Throughout this state, when a police officer responds to an intimate partner violence call, he or she can call a judge at any time of the day or night to request an emergency protective order if he or she feels that a person is in imminent danger. Emergency protective orders are designed to protect victims and their children from a domestic abuser. The protective order is enforceable throughout the state of California by any law enforcement officer who is shown a copy of the order by the protected party. An EPO lasts for five to seven days, allowing the individual enough time to go to court to request a longer temporary restraining order. Because our judicial system is still plagued by homophobic ignorance and indifference towards the gay, lesbian, bisexual and transgender community, it is recommended that a nonheterosexual D.V. victim contacts a gay friendly attorney who specializes in California domestic violence law to help that individual successfully obtain a permanent protective order.

Through an emergency protective order, a judge can order that the restrained person leave the home, stay away from the protected person or persons, and not see his or her children, at least on a temporary basis. In order to issue an EPO, a judge must reasonably believe, based on a law enforcement officer’s assertions, that an individual is in immediate and present danger of intimate partner abuse, that a child is in immediate and present danger of abuse or abduction by a family member, or that an elder or dependent adult is in immediate and present danger of being abused by a family member and that the order is necessary to prevent such an incident.

Once an emergency protective order is issued, it is imperative that the restrained individual hires a skilled attorney to defend against a more restrictive, more permanent restraining order. A more permanent protective order issued against an accused severely impacts the relationships with his or her partner, children, family and friends. In addition, if a restrained person is found in violation of that order, the defendant will additionally suffer jail time and/or fines. A knowledgeable criminal defense lawyer from the Kavinoky Law Firm will help to ensure that these possibilities don’t become one’s reality.

The LGBT supportive attorneys at the Kavinoky Law Firm are familiar with every aspect of a domestic violence case and take the time to explain each step of the process with their clients. They maintain an excellent reputation for treating their clients with compassion and respect, which is only surpassed by their success rate. To request help applying for a protective order or if seeking legal representation to defend against a restraining order, contact the attorneys at the Kavinoky Law Firm today for a free consultation.