SAN DIEGO PROTECTIVE ORDERS

Protective orders are requested by the Police and issued by a judge. For example, police can ask for an Emergency Protective Order (EPO) to protect the victim(s) of a crime when the victim calls 911, and a judge can issue a Criminal Protective Order (CPO) to protect the victim(s) and/or witnesses if the accused is arrested and charged. Protective orders are filed by law enforcement whereas restraining orders are filed by the victims themselves and can add to the protections ordered by the protective orders. Thus, a victim can have a protective order and a restraining order against someone at the same time if needed.

POLICE REQUESTED PROTECTIVE ORDER

If appropriate, Police can request an Emergency Protective Order if someone calls 911 or police for help and a judge approves it. This can happen at any time of the day or night and the officer would contact a judge for approval. The judge can order the Emergency Protective Order to prevent harm in cases of domestic violence, child abuse, child abduction, stalking or abuse of an elder or a dependent adult. The Emergency Protective Order can order the accused/Defendant to:

  • Not contact anyone protected
  • Not harass, stalk, hurt or threaten anyone protected
  • Stay a certain distance from anyone protected including their home or work
  • Move out of the home shared with the protected
  • Not possess firearms, ammunition, or body armor

Furthermore, a judge can order a Criminal Protective Order (CPO) to protect victims and witnesses while a criminal case against an accused/Defendant is underway. A Criminal Protective Order can order the accused/Defendant to:

  • Not contact anyone protected
  • Not harass, stalk, hurt or threaten anyone protected
  • Stay a certain distance from anyone protected including their home or work
  • Not attempt to hinder victim(s) or witnesses from testifying or appearing in court
  • Not try to locate anyone protected
  • Not possess firearms, ammunition, or body armor

The judge may issue a criminal protective order with domestic violence or a criminal protective order without domestic violence.

DIFFERENCE BETWEEN PROTECTIVE ORDER AND RESTRAINING ORDER 

Emergency Protective Orders are temporary and are only effective for 5-7 days. Restraining Orders on the other hand, can last for several years if needed.

Attorney Timothy Riley can help you with restraining orders and related issues. Call (619) 500-1289 or contact us here.