The EPO-001 form, or Emergency Protective Order, is a legal document issued to prevent acts of domestic violence, child abuse, elder abuse, or stalking by temporarily restricting a person's behavior towards the protected individuals named in the order. It lays out specific prohibitions for the restrained person, including staying away from and not contacting the protected person(s), and outlines the legal consequences of violating the order. If you need to ensure the immediate safety of yourself or others from imminent harm, clicking the button below to fill out and submit this form can be the first step towards obtaining necessary protection.
In the landscape of legal instruments designed to prevent domestic violence, child abuse, elder or dependent adult abuse, and stalking, the Emergency Protective Order (EPO-001) stands as a crucial immediate measure to protect individuals from imminent harm. This form, mandated for use within the judicial system, outlines specific prohibitions against the restrained person, including any form of harassment or contact with the protected person, and extends to the possession of firearms or ammunition. It details the conditions under which one must immediately vacate shared premises and the temporary custody provisions concerning minor children. Notably, this protective order emphasizes the urgency of the situation by specifying that it becomes effective immediately upon issuance and remains valid until a designated expiration date and time, underscoring the imperative need for swift legal intervention in crisis situations. Additionally, it imposes stringent penalties for violations and delineates the roles of law enforcement officers in enforcing these orders, thereby reflecting a comprehensive approach to immediate protection. Furthermore, the document advises protected individuals on subsequent legal steps for extended safeguarding beyond the EPO's validity, ensuring a continuum of care and support for those at risk. This form epitomizes the intersection of law enforcement and judicial responsiveness, aiming to offer a rapid response to emergency situations demanding immediate legal protection.
EPO-001
ONE copy to court, ONE copy to restrained person, ONE copy to protected person, ONE copy to issuing agency
LAW ENFORCEMENT CASE NUMBER:
EMERGENCY PROTECTIVE ORDER (See reverse for important notices.)
1.PROTECTED PERSONS (insert names of all persons protected by this Order):
2.RESTRAINED PERSON (name):
Sex:
M
F Ht.:
Wt.:
Hair color:
Eye color:
Race:
Age:
Date of birth:
3.TO THE RESTRAINED PERSON:
a.
b.
c.
YOU MUST NOT harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy any personal property of, disturb the peace of, keep under surveillance, or block the movements of each person named in item 1. YOU MUST NOT contact, either directly or indirectly, by any means, including but not limited to by telephone, mail, e-mail or other electronic means, any person named in item 1.
YOU MUST
stay away at least:
yards from each person named in item 1.
yards from
move out immediately from
(address):
d.YOU MUST NOT own, possess, purchase, receive, or attempt to purchase or receive any firearm or ammunition. If you have any firearms, you must turn them in to a law enforcement agency or sell them to, or store them with, a licensed gun dealer.
e.YOU MUST NOT take any action, directly or through others, to obtain the addresses or locations of any person named in item 1.
4.
(Name):
is given temporary care and control of the following
minor children of the parties (names and ages):
5.THIS ORDER WILL EXPIRE AT THE CLOSE OF THE COURT BUSINESS DAY ON:
6.TO THE PROTECTED PERSON: If you need protection for a longer period of time, you must request restraining orders from the court in the county where you live:
(Name and address of court):
INSERT DATE OF FIFTH COURT DAY OR SEVENTH CALENDAR DAY, WHICHEVER IS EARLIER; DO NOT COUNT DAY THE ORDER IS GRANTED
If you go to court to request restraining orders, take your copy of this form with you. If a juvenile petition is pending, file in that court.
7.Reasonable grounds for the issuance of this Order exist, and an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, elder or dependent adult abuse, or stalking.
8. Judicial officer (name):
granted this Order on (date):
at (time):
APPLICATION
9.The events that caused the protected person to fear immediate and present danger of domestic violence, child abuse, child abduction, elder or dependent adult abuse (except solely financial abuse), or stalking are (give facts and dates; specify weapons):
10.
Firearms were:
observed
reported
searched for
seized
11.
12.
The person to be protected lives with the person to be restrained and requests an order that the restrained person move out immediately from the address in item 3c.
The person to be protected has minor children in common with the person to be restrained, and a temporary custody order is
requested because of the facts alleged in item 9. A custody order
does
does not exist.
By:
U
(PRINT NAME OF LAW ENFORCEMENT OFFICER)
(SIGNATURE OF LAW ENFORCEMENT OFFICER)
Agency:
Telephone No.:
Badge No.:
PROOF OF SERVICE
13.
Person served (name):
14.
I personally delivered copies of this Order to the person served as follows:
Date:
Time:
Address:
15.
At the time of service, I was at least 18 years of age and not a party to this cause.
I am a California law enforcement officer.
16.
My name, address, and telephone number are (this does not have to be server's home telephone number or address):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(TYPE OR PRINT NAME OF SERVER)
(SIGNATURE OF SERVER)
Page 1 of 2
Form Adopted for Mandatory Use Judicial Council of California EPO-001 [Rev. January 1, 2014] Approved by DOJ
EMERGENCY PROTECTIVE ORDER (CLETS–EPO)
Family Code, §§ 6240-6275;
(Domestic Violence, Child Abuse, Elder or Dependent Adult Abuse, or Stalking)
Penal Code, § 646.91
www.courts.ca.gov
EMERGENCY PROTECTIVE ORDER
WARNINGS AND INFORMATION
TO THE RESTRAINED PERSON: VIOLATION OF THIS ORDER IS A MISDEMEANOR PUNISHABLE BY A $1,000 FINE, ONE YEAR IN JAIL, OR BOTH, OR IT MAY BE PUNISHABLE AS A FELONY. THIS PROTECTIVE ORDER SHALL BE ENFORCED BY ALL LAW ENFORCEMENT OFFICERS IN THE STATE OF CALIFORNIA WHO ARE AWARE OF OR SHOWN A COPY OF THE ORDER. THE TERMS AND CONDITIONS OF THIS ORDER REMAIN ENFORCEABLE REGARDLESS OF THE ACTS OF THE PARTIES; IT MAY BE CHANGED ONLY BY ORDER OF THE COURT (PENAL CODE SECTION 13710(b)).
YOU ARE PROHIBITED FROM OWNING, POSSESSING, PURCHASING, RECEIVING, OR ATTEMPTING TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION. (PENAL CODE SECTIONS 29825(a), 30305(a).) A VIOLATION IS SUBJECT TO A $1,000 FINE AND IMPRISONMENT OR BOTH. WITHIN 24 HOURS OF RECEIPT OF THIS ORDER, YOU MUST TURN IN YOUR FIREARMS TO A LAW ENFORCEMENT AGENCY, SELL THEM TO A LICENSED FIREARMS DEALER, OR STORE THEM WITH A LICENSED FIREARMS DEALER UNTIL THE EXPIRATION OF THIS ORDER. (PENAL CODE SECTION 29830.) PROOF OF SURRENDER, SALE, OR STORAGE MUST BE FILED WITH THE COURT WITHIN 48 HOURS OF RECEIPT OF THIS ORDER.
To the restrained person: This order will last until the date and time in item 5 on the reverse. The protected person may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney on any matter connected with this order. The attorney should be consulted promptly so that the attorney may assist you in responding to the order.
A la persona bajo restricción judicial: Esta orden durará hasta la fecha y hora indicada en el punto 5 al dorso. La persona protegida puede, sin embargo, obtener una orden de entredicho (restricción judicial) más permanente de la corte. Usted puede consultar a un abogado en conexión con cualquier asunto relacionado con esta orden. Debe consultar al abogado inmediatamente para que él o ella le pueda ayudar a responder a la orden.
To the protected person: This order will last only until the date and time noted in item 5 on the reverse. If you wish to seek continuing protection, you will have to apply for an order from the court at the address in item 6. You may apply for a protective order free of charge. In the case of an endangered child, you may also apply for a more permanent order at the address in item 6, or if there is a juvenile dependency action pending, you may apply for a more permanent order under section 213.5 of the Welfare and Institutions Code. In the case of a child being abducted, you may apply for a Child Custody and Visitation Order from the court. You may seek the advice of an attorney on any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application. You do not have to have an attorney to get the protective order.
A la persona protegida: Esta orden durará sólo hasta la fecha y hora indicada en el punto 5 al dorso. Si usted desea que la protección continúe, tendrá que solicitar una orden de la corte en la dirección indicada en el punto 6. La solicitud de la orden de protección es gratis. En el caso de que un niño o una niña se encuentre en peligro, puede solicitar una orden más permanente en la dirección indicada en el punto 6, o si hay una acción legal pendiente de tutela juvenil, puede solicitar una orden más permanente conforme a la sección 213.5 del código titulado en inglés Welfare and Institutions Code. En el caso del secuestro de un niño o una niña, usted puede solicitar de la corte una orden para la guarda del niño o de la niña (Child Custody and Visitation Order). Puede consultar a un abogado en conexión con cualquier asunto relacionado con las solicitudes de órdenes de la corte que usted presente en el futuro. Debe consultar un abogado inmediatamente para que él o ella le pueda ayudar a presentar su solicitud. Para obtener la orden de protección no es necesario que un abogado le represente.
To law enforcement: The emergency protective order shall be served upon the restrained party by the officer, if the restrained party can reasonably be located, and a copy shall be given to the protected party. A copy shall be filed with the court as soon as practicable after issuance. Also, the officer shall have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. The availability of an emergency protective order shall not be affected by the fact that the endangered person has vacated the household to avoid abuse. A law enforcement officer shall use every reasonable means to enforce an emergency protective order. A law enforcement officer who acts in good faith to enforce an emergency protective order shall not be held civilly or criminally liable.
If a child is in danger of being abducted: This order will last only until the date and time noted in item 5 on the reverse. You may apply for a child custody order from the court.
En el caso de peligro de secuestro de un niño o de una niña: Esta orden será válida sólo hasta la hora y fecha indicada en el punto 5 al dorso. Usted puede solicitar de la corte una orden para la guarda del niño o de la niña (Child Custody and Visitation Order).
This emergency protective order is effective when made. This order shall expire on the date and time specified in item 5 on the reverse. The provisions of this emergency protective order take precedence in enforcement over provisions of other existing protective orders between the same protected and restrained persons to the extent the provisions of this order are more restrictive. In other words, the provisions in this emergency protective order take precedence over the provisions in any other protective order, including a criminal protective order, if (1) the person to be protected is already protected by the other protective order, (2) the person to be restrained is subject to that other order, and (3) the provisions in this emergency order are more restrictive than the provisions in that other order. The provisions in another existing protective order remain in effect and take precedence if they are more restrictive than the provisions in this emergency protective order.
EPO-001 [Rev. January 1, 2014]
Page 2 of 2
Filling out the EPO-001 form is an important step in obtaining an emergency protective order. This document is necessary for those seeking immediate protection under specific circumstances. It must be completed accurately to ensure the safety and well-being of all parties involved. Below is a step-by-step guide on how to fill out the form. Remember to keep a copy for your records and understand that you will need to provide copies as directed on the form itself.
Once the form is fully completed and all steps are carefully followed, it’s crucial to distribute the copies as instructed: one to the court, one to the restrained person, one to the protected person, and one to the issuing agency. This ensures that all relevant parties are informed and that the emergency protective order is processed efficiently.
What is an Emergency Protective Order (EPO-001)?
An Emergency Protective Order (EPO-001) is a legal document issued to immediately protect individuals from domestic violence, child abuse, elder or dependent adult abuse, or stalking. It restricts the behavior of the person posing the threat by prohibiting them from harassing, threatening, or coming into close contact with the protected person(s).
How long does an Emergency Protective Order last?
This order is temporary and will expire at the close of court business on the date listed on the form. This is usually the fifth court day or seventh calendar day after the order is granted, whichever comes first.
What steps must the restrained person take regarding firearms?
The restrained person is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive any firearms or ammunition. They must turn in their firearms to a law enforcement agency or sell them to, or store them with, a licensed gun dealer within 24 hours of receiving the order. Proof of surrender, sale, or storage must be filed with the court within 48 hours.
Can the terms of an Emergency Protective Order be changed?
Yes, the terms and conditions of this order can only be changed by another court order. Both the protected and restrained persons have the opportunity to request the court to modify the order.
What should I do if I need protection beyond the expiration of the Emergency Protective Order?
If you need ongoing protection, you must request a more permanent restraining order from the court in the county where you live. The details and address of the court are provided on the EPO-001 form. It's advisable to take the emergency order documentation with you when applying.
Who can serve the Emergency Protective Order?
The order can be served upon the restrained person by a law enforcement officer. The officer is also responsible for providing a copy of the order to the protected person and filing another copy with the court.
How is the Emergency Protective Order enforced?
Violating this order is a criminal offense that can result in a fine, jail time, or both. Law enforcement officers across California are obligated to enforce the order.
What happens if a child is in danger?
If the order involves the temporary care and control of minor children, and there's immediate danger to the child, the protected person may apply for a more permanent child custody order from the court. Specific guidelines are provided in the EPO-001 form for such scenarios.
Are there any costs associated with filing for an Emergency Protective Order?
No, the application for an Emergency Protective Order is typically free of charge. However, if further legal assistance is required, such as consulting with an attorney for a more permanent order, there may be costs involved.
How does the Emergency Protective Order interact with existing restraining or protective orders?
The provisions of the Emergency Protective Order will take precedence over any other existing protective order involving the same parties if the EPO-001 conditions are more restrictive. However, if another existing order has more restrictive conditions, those will take precedence.
One common mistake when filling out the EPO-001 form is failing to include all protected persons in item 1. It's crucial that the names of all individuals the order is meant to protect are clearly listed. Missing names can lead to insufficient protection for those not explicitly mentioned, making it critical to review and ensure that no one is accidentally omitted.
Another frequent error occurs in section 2, which requests detailed information about the restrained person. Completing this section with incomplete or inaccurate information, such as incorrect physical descriptions or birth dates, can significantly hinder law enforcement's ability to identify and appropriately deal with the restrained person. This detailed information is essential for the enforcement of the protective order, and any inaccuracies can lead to enforcement challenges.
Section 9 often poses difficulties for applicants due to its requirement for a detailed description of events leading to the protective order request. A vague or incomplete narrative can result in the order not being granted because it doesn't clearly articulate the need for protection. It's vital to provide a clear and comprehensive account of events, including specific dates and facts, to illustrate the immediate danger or need for the order.
In the application process, an additional oversight can occur in the Proof of Service section, items 13 through 16. It's mandatory that this section is correctly filled out to confirm the restrained person has been officially notified of the order. Failure to do so can invalidate the order, as the restrained party can claim they were unaware of its existence. Ensuring that this section is accurately completed and submitted is critical for the protective order's enforceability.
When dealing with the complexities of an Emergency Protective Order (EPO-001), several other forms and documents often come into play. These serve distinct purposes and are vital for both the individuals seeking protection and the legal entities involved in enforcing the order. Below is a concise overview of some commonly used forms alongside the EPO-001.
Comprehending these documents and effectively utilizing them in conjunction with the EPO-001 form can significantly impact the protection and legal outcomes for those involved. The Emergency Protective Order is just the beginning of a process that often requires additional steps and documentation to ensure the safety and well-being of protected individuals and their families.
The EPO-001 form is roughly similar to a Temporary Restraining Order (TRO) application in that both documents aim to offer immediate protection to individuals facing danger. The primary distinction lies in the duration and the issuance process, where the EPO-001 is issued by law enforcement on the spot to provide instant safety measures, particularly in cases of domestic violence, stalking, or abuse, while a TRO requires a court application and typically covers a longer period.
Comparable to a Domestic Violence Restraining Order (DVRO) application, the EPO-001 form also addresses situations of domestic abuse and seeks to protect individuals from imminent harm. Both documents prohibit the restrained person from engaging in specific actions towards the protected person. However, a DVRO is more permanent and often follows the issuance of an emergency protective order like the EPO-001, requiring a court hearing for its issuance.
An EPO-001 form shares similarities with a Civil Harassment Restraining Order (CHRO) application. They both aim to protect individuals from threats, stalking, or violence, but they differ in the context of their application. The EPO-001 is generally used for immediate family or household members, while a CHRO is applicable in situations where the aggressor does not have a close familial or intimate relationship with the victim.
Similar to a Child Custody and Visitation Order application, the EPO-001 form can mandate temporary child custody arrangements as part of its provisions to ensure the safety of children in potentially dangerous situations. However, the Child Custody and Visitation Order is more focused on establishing a long-term parenting plan and is typically processed through a different legal path, often involving family court proceedings.
The EPO-001 form is akin to a Gun Violence Restraining Order (GVRO) application in its capacity to prohibit individuals from possessing or acquiring firearms and ammunition. Both seek to preemptively mitigate the risk of harm by restricting access to firearms, yet the GVRO specifically targets threats of gun violence and may last longer than an emergency protective order.
An Elder or Dependent Adult Abuse Protective Order application bears resemblance to the EPO-001 form when it comes to the protection of vulnerable populations from abuse, neglect, or exploitation. Both documents provision for immediate safeguards for at-risk individuals, though the Elder or Dependent Adult Abuse Protective Order is tailored specifically towards the needs and circumstances of elder or dependent adults.
Likewise, a Workplace Violence Restraining Order (WVRO) application is conceptually similar to the EPO-001 form, as it seeks to prevent violence or threats of violence in a work setting. While the EPO-001 is primarily designed to protect individuals in their personal life or home environment, the WVRO extends this protection to the workplace, covering employees, contractors, and volunteers from potential harm by restraining threatening or violent actions.
The EPO-001 form shares its preventive goal with a Sexual Assault Protective Order application, as both are intended to offer protection against imminent threats or harm, including sexual assault. While the EPO-001 encompasses a broader range of protective scenarios including domestic violence and stalking, a Sexual Assault Protective Order specifically targets incidents related to sexual violence, granting protections tailored to those particular circumstances.
Lastly, akin to a Stalking Protective Order application, the EPO-001 form addresses issues of stalking, aiming to safeguard individuals from being followed, surveilled, or harassed. Both documents are preventive in nature but differ in their application process and duration, with the Stalking Protective Order often providing a longer-term solution to persistent stalking behaviors beyond the immediate scope of an emergency protective order.
Completing legal forms accurately is crucial to ensure they are valid and effective. The Emergency Protective Order (EPO-001) form is no exception. Whether you are a legal professional assisting a client, or an individual filling out this form for personal reasons, here are six dos and don'ts to help guide you through the process of completing the EPO-001 form:
Following these guidelines, while paying close attention to the specific requirements of the EPO-001 form, will help ensure that the emergency protective order is properly completed, filed, and, most importantly, enforceable.
Many people hold mistaken beliefs about the EPO-001 form, commonly known as the Emergency Protective Order. It's crucial to correct these misunderstandings to ensure that individuals can effectively utilize and respond to these orders. Below are five common misconceptions about the EPO-001 form and the truths behind them:
Only women can request an EPO-001. The truth is, the Emergency Protective Order is designed to protect any individual, regardless of gender, who is at risk of domestic violence, child abuse, stalking, or elder or dependent adult abuse. The form clearly allows for "protected persons" to be of any gender, reflecting the law's inclusive intent.
The restrained person must have committed a crime to have an EPO-001 issued against them. This is incorrect. While the issuance of an EPO-001 often involves allegations of criminal behavior, the primary criterion is the immediate and present danger to the protected person(s), not the legal proof of a crime.
An EPO-001 provides permanent protection. This order is, by nature, temporary. It expires at the close of court business on the date specified in the order, typically five to seven days after issuance. Individuals seeking longer-term protection must apply for a restraining order through the appropriate court.
The person seeking protection must be in a domestic relationship with the restrained person. Not necessarily. While many Emergency Protective Orders are issued in cases of domestic violence, they can also apply in cases of stalking, child abuse, elder or dependent adult abuse, regardless of the relationship between the protected and restrained persons.
An EPO-001 automatically includes custody orders for children. Custody is a separate component that may or may not be included in an EPO-001. The issuing authority must specifically request temporary custody and control over minor children, and this is based on the situation at hand, not an automatic provision of the order.
Understanding the Emergency Protective Order, its uses, limitations, and terms is essential for both protected and restrained individuals. Misconceptions can lead to misuse, incorrect assumptions about one's legal rights, or misunderstandings about the order's scope and intent.
Understanding how to fill out and use the EPO-001 form, an Emergency Protective Order, is critical for those seeking immediate protection under the law. Here are key takeaways to assist you during this process:
It is important for individuals to understand that this form is a temporary measure designed to offer immediate protection and must be followed up with further legal action to ensure long-term safety and compliance. Moreover, the form also clarifies that the emergency protective order will be entered into the statewide computer database system, ensuring that all law enforcement agencies have access to it, thereby facilitating its enforcement across California.
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