Emergency Protective Orders
What Family code is oredering an EPO under?
Family Code Section 6250
Peace Officers must maintain records of all...
restraining and protective orders issued.
Is violating a restraining order a misdemeanor or felony?
Both
Restraining orders are designed to?
Protect victims, children, and other family members.
What does an EPO do?
Provide immediate and short-term protection
When should an officer verify the status of a restraining order?
When a complainant advises of the existence.
What is PC 273.6(e)
Intentionally breaking these orders and causing physical injury to the victim within a year of a prior conviction is a felony.
Protective order do not fully provide...
A barrier of protection for victims of domestic violence.
T or F: Penal Code 13700 is the exact same as Family Code Section 6211
False
T/F Peace Officers should make sure their complainant has a copy of the restraining order
True
What is PC 273.6(a)
Intentionally violating an order under the DVPA, FLA, UPA, or harassment statute without prior convictions is a misdemeanor.
What is an emergency Protection order?
Requested by responding officer to give immediate, limited protection to victim and children.
When can an officer request an EPO?
When they believe it is necessary.
An Order after hearing is valid until?
1-5 Years.
What is PC166(a)(4) 166(b)(1), and 166(c)(1)
Intentionally ignoring any court order or violating a stalking EPO is a misdemeanor.
What is an Ex Parte restraining order?
Requested by victim in civil action issued without notice or hearing, and is usually valid until the OSC hearing date.
How long is an EPO valid for?
5 business days not including day issued.
How long is an Emergency Protective order valid for?
5-7 business days or calendar days.
What is 273.6(d)
A willful violation of these orders, if there was a prior restraining order conviction for violence within seven years, is a felony.
PCS of EPO
273.6 (a)
166.4