What are the steps to obtain an Emergency Protective Order (EPO) from the police immediately following an incident of domestic violence in California?

To obtain an Emergency Protective Order (EPO), a law enforcement officer must request it from an on-call judge on your behalf. This happens immediately following an incident where the officer believes you or a child are in immediate danger. Here are the steps to take: Step 1: Call 911 Immediately Your first and most important action is to call the police during or immediately after an incident of domestic violence. Responding officers are the only ones who can initiate the EPO process. Step 2: Explain the Immediate Danger to the Officer When officers arrive, clearly and calmly explain what happened. State that you fear for your safety or the safety of your children. To get an EPO, the officer must have reasonable grounds to believe there is an immediate and present danger of domestic violence. Be specific about threats, physical harm, or history of abuse. Step 3: Ask the Officer to Request an EPO Explicitly ask the responding officer to contact an on-call judge to request an Emergency Protective Order for you. While an officer can do this without your request, asking directly ensures they know you want the protection. Step 4: Receive and Keep a Copy of the Order If the judge grants the EPO, the officer will serve the order on the abuser (if present) and give you a copy. You must keep this copy with you at all times as proof of the order. The EPO is effective immediately. Important Details and Nuances An EPO is temporary and lasts for five court days or seven calendar days, whichever is shorter. Its purpose is to give you time to go to court and file for a longer-lasting Temporary Restraining Order (TRO) without the abuser present. An officer can request an EPO 24 hours a day, 7 days a week. Warnings and Limitations A judge is not required to grant an EPO; they must be convinced by the officer's report that there is an immediate danger. If the abuser violates the terms of the EPO (for example, by contacting you or coming to your home), call 911 immediately. Violating an EPO is a criminal offense. This is general information and does not constitute legal advice. For assistance with filing for a longer-term restraining order or for representation in complex situations, you should consult with a qualified California attorney.