Domestic Violence: Emergency Protective Orders -

Domestic Violence: Emergency Protective Orders

Posted July 27, 2020

Although the court can restrain a person from committing further acts of domestic violence following one person’s filing of a Request for Domestic Violence Restraining Order, sometimes a person may be in “immediate and present danger” of abuse or abduction and will need an expedited remedy issued at the behest of a law enforcement officer. This is known as an “Emergency Protective Order” (EPO).

EPOs are active for a very short amount of time (generally five court days, or seven calendar days, whichever is earlier). During that time period, the protected person may prepare their Request for Domestic Violence Restraining Order to be filed with the court before the EPO expires.

An “on-call” family court judge will issue an EPO if a law enforcement officer has “reasonable grounds” to believe any of the following:
A person is in “immediate and present danger” of domestic violence, based on his or her allegation of a recent incident of abuse or threatened abuse;
A child is in “immediate and present danger” of abuse by a family or household member, based on an allegation of a recent incident of abuse or threatened abuse;
A child is in “immediate and present danger” of being abducted (taken, enticed away, kept, withheld or concealed) by a parent or relative, based on a reasonable belief that a person has an intent to abduct or flee with the child from the jurisdiction, or based on an allegation of a recent threat to abduct or flee with the child from the jurisdiction; or
An elder or dependent adult is in “immediate and present danger” of abuse, based on an allegation of a recent incident of abuse or threatened abuse.

Further Reading » Child Custody and Visitation: Preparing for Family Court Services

You do not need an attorney to request an EPO, but you should not call the police if you do not feel you are in immediate and present danger. If you call the police under the belief you are in danger and they do not believe an EPO is necessary, please call your family law attorney as soon as possible to confirm that a Request for Domestic Violence Restraining Order is necessary for your protection. Remember that if an EPO is not issued, it does not mean that abuse has not occurred. Again, there are many forms of domestic violence and it may occur over various lengths of time (for example, an act of abuse days, weeks, or months ago may not warrant an EPO now, but it is still abuse).

It is important to know your rights, responsibilities, and options regarding domestic abuse. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

If you are in crisis and in need of immediate assistance, contact the National Domestic Violence Hotline

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Call: 1.800.799.SAFE (7233)
TTY 1.800.787.3224

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.