6240-6275: Emergency Protective Orders
California’s Emergency Protective Orders (EPOs) are short-term court orders issued to protect individuals at risk of imminent harm. These orders serve as a rapid legal remedy available to law enforcement and judicial officers when there’s an urgent need to safeguard someone from domestic violence, abuse, child abduction, or similar threats. Governed by Part 3 of Division 10 of the Family Code, EPOs are designed to respond swiftly to dangerous situations, often issued on a 24/7 basis.
6240-6241: General Provisions
This chapter establishes the definitions and framework necessary to issue and implement Emergency Protective Orders. It defines key roles:
- A “judicial officer” refers to a judge, commissioner, or referee designated to issue EPOs.
- A “law enforcement officer” includes a wide range of peace officers across different agencies, from city police and sheriff’s deputies to campus and parole officers.
- The term “abduct” is clarified to include taking, withholding, or concealing a child unlawfully.
Section 6241 mandates that each county’s superior court have a designated judicial officer available at all times, including after hours and weekends, to issue these emergency orders.
6250-6257: Issuance and Effect of Emergency Protective Orders
Emergency Protective Orders can only be issued by a judicial officer based on a request from a law enforcement officer. These orders are granted ex parte (without the presence of the person being restrained) when there’s a clear and immediate danger.
Grounds for Issuance (Section 6250)
An EPO may be issued if a law enforcement officer has reasonable grounds to believe:
- Someone is in immediate danger of domestic violence.
- A child faces immediate risk of abuse or abduction.
- An elder or dependent adult is at risk of abuse (excluding purely financial abuse).
Specific Conditions (Sections 6250.3, 6250.5, 6251)
EPOs must meet two conditions:
- There is immediate danger.
- The order is necessary to prevent harm.
Section 6250.5 allows EPOs to be issued in campus settings under specific agreements between campus police and local law enforcement.
Scope of Orders (Section 6252)
An emergency order can include:
- Personal protective orders.
- Temporary child custody arrangements.
- Orders under the Welfare and Institutions Code for child safety.
- Custody terms to prevent child abduction.
- Elder or dependent adult protection orders.
Privacy and Procedural Safeguards (Sections 6252.5 – 6255)
Courts must prohibit restrained persons from seeking the protected party’s address unless there is good cause. Judicial Council forms are standardized to implement this. Orders must clearly state:
- The basis for the order.
- Expiration date and time.
- The court’s location.
- Legal warnings in English and Spanish for both parties.
Notably, the law confirms that fleeing the home does not disqualify a victim from receiving an EPO (Section 6254), and orders must be issued without prejudice (Section 6255).
Duration (Section 6256)
EPOs expire at the earlier of:
- The close of judicial business on the fifth court day after issuance.
- The seventh calendar day after issuance.
Section 6257 allows non-restrained parents or temporary guardians to seek longer-term protection orders under the Welfare and Institutions Code.
6270-6275: Duties of Law Enforcement Officer
Law enforcement plays a critical role in obtaining, serving, and enforcing EPOs.
Procedural Duties (Sections 6270-6271)
- Officers must write and sign the order.
- Serve it on the restrained person if they can be located.
- Provide a copy to the protected person or their legal guardian.
- File the order with the court and ensure it’s entered into the statewide restraining order database.
Enforcement and Liability (Section 6272)
Officers must use all reasonable means to enforce the EPO. If done in good faith, they are protected from civil or criminal liability.
Special Cases (Section 6274)
Peace officers may also request EPOs in stalking cases under the Penal Code.
Mandatory Action (Section 6275)
If officers believe someone is in immediate and present danger, they are legally required to request an EPO. Additionally, they must inform potential victims that they can ask for such orders.
Key Takeaways
- Emergency Protective Orders provide immediate, short-term protection to individuals in danger of violence, abuse, or abduction.
- Law enforcement must request EPOs and fulfill specific procedural duties to ensure they are effective and enforceable.
- EPOs can cover domestic violence, child protection, elder abuse, and stalking.
- These orders are time-limited but can be followed by longer-term court protection.
- Judicial officers must be accessible at all times to issue these urgent orders.
California’s Emergency Protective Orders are a vital first line of defense in dangerous and volatile situations. By allowing law enforcement to swiftly secure temporary protection for individuals at risk, the state ensures that safety can be prioritized immediately, even outside of normal court hours. These provisions strike a critical balance between urgency and due process, laying the groundwork for more permanent legal remedies when needed.