Emergency Protective Order

Emergency Protective Order

What is it?

“Any court-issued order intended to protect a person from harm or harassment. An emergency protective order is issued by the police, when court is out of session, to prevent domestic violence.

Most emergency protective orders are stopgap measures that last only for a weekend or holiday, after which the abused person is expected to seek a temporary restraining order (TRO) from a court.” From Nolo’s Plain-English Law Dictionary

What does it do?

According to Ken LaMance at LegalMatch Law Library, an EPO can be used in the following ways:

  • “Restraining the offender from contacting or communicating with the victim, except as allowed by the court;
  • Restraining the offender from committing further acts of abuse or violence;
  • Restraining the offending party from entering onto the property or damaging the property of the victim;
  • Restraining the offender from within a certain distance from the victim, or a certain distance from the victim’s residence, home, or school;
  • Preventing the offender from contacting the victim’s children or from coming within a certain distance from the children;
  • Requiring the offender to move out of the victim’s residence;
  • Granting temporary custody of children to the victim

In addition, a judge can also add other provisions to the emergency protective order as needed. For example, the judge can include specific instructions in the order that prohibit the offender from contacting the victim’s family members or spouse.”

How do I obtain one?

Contact law enforcement and/or your attorney.