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Emergency Protective Order (EPO)

An Emergency Protective Order may be issued on the request of California law enforcement officer anytime of the day or night in a domestic violence case if a law enforcement officer asserts reasonable grounds to believe that the person to be protected is "in immediate and present danger of domestic violence" based on the complainant's "allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought." (California Family Code Section 6250.) However, an Emergency Protective Order is valid only if it is issued by a judicial officer (judge or commissioner) pursuant to the specific request of a law enforcement officer after the judicial officer has made the findings required by Family Code Section 6251. (California Family Code Section 6250.3.)

The Emergency Protective Order goes into effect immediately and is good for seven (7) calendar days or five (5) business days, whichever is shorter. The Emergency Protective Order is intended to provide protection long enough for the requestor to file an application for a Domestic Violence Restraining Order in court. If granted, a Domestic Violence Restraining Order will typically last three (3) years.

The two specific findings which a judicial officer must make in order to issue an Emergency Protective Order in the context of a domestic abuse case are that "reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists and that an Emergency Protective Order is necessary to prevent the occurrence or recurrence of domestic violence. (California Family Code Section 6251.) An Emergency Protective Order Expires at the earlier of the close of judicial business on the fifth court day following the day it was issued, or the seventh calendar day following the day of its issueance. (California Family Code Section 6256.)

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Contact the office if you have questions about an Emergency Protective Order. The stakes are high in a California domestic violence case. An arrest for domestic battery, domestic assault, criminal threats or stalking in California may result in actual jail, large fines, mandatory 52 week batterer's treatment program, mandatory alcohol education classes, and other punishment. For that reason, it is important for you to have a qualified criminal defense lawyer handling your domestic violence case from the beginning. If you or someone you know has had an Emergency Protective Order issued against them or has been or may be accused of domestic violence, please read the information contained in this website and call our office and discuss your case with a member of our domestic violence law firm.

If you hire Robert Tayac to handle your case, you will retain the services of a knowledgeable, experienced, and trustworthy California lawyer.

Experienced Domestic Violence Lawyer

The stakes are high in a California domestic violence case. A criminal conviction for domestic battery or criminal threats in California may result in jail, large fines, mandatory domestic violence counseling sessions which meet two (2) hours weekly for a minimum of one year, mandatory alcohol education classes, personal conduct orders, stay away orders, temporary restraining orders, and other punishment as provided by Penal Code section 1203.097. For that reason, it is critical that that a person charged with domestic assault, domestic battery, criminal threats or stalking have only a qualified domestic violence defense lawyer to handle the case from the earliest possible moment.

Robert Tayac is recognized as being among the top domestic violence lawyers in California and represents clients in criminal cases related to domestic violence, assault and battery, and applications for and responses to restraining orders. Attorneys, investigators and experts working with this highly specialized law office represent clients in the Northern California criminal courts located in San Francisco, San Mateo Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties. Additionally, lawyers of this law firm represent clients seeking or defending against temporary restraining orders and no harassment orders before the superior courts of San Francisco, San Rafael, Redwood City, South San Francisco, Napa, Oakland, Palo Alto, Walnut Creek, San Jose and Santa Rosa. The firm accepts only California domestic battery cases, California temporary restraining order actions or California driving under the influence cases.

Why Choose Our Firm?

Attorney Robert Tayac Puts a Long, Decorated Career to Work for You
  • Puts Over 20 Years of Experience Toward Your Case

  • Has Trained Other Attorneys in San Francisco

  • Former San Francisco Police Officer & Police Inspector

  • Boasts a Successful Record Achieving the Best Result for His Clients

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