In the unfortunate event of domestic violence or child abuse and neglect, an individual might want an emergency protective order (EPO) or an emergency custody order (ECO). An EPO is a temporary measure requested by a law enforcement officer that provides immediate protection to people in imminent danger from an abuser. At the Carroll Law Office, we have a team of compassionate, experienced lawyers ready to provide help with obtaining an emergency order and legal services for domestic violence and abuse in Santa Rosa, CA.
Anyone facing domestic abuse, like spousal violence, should be separated from their abuser as soon as possible. An emergency protective order (EPO) is an order requested by a law enforcement official that puts restrictions on contact between the abuser and the abuse survivor. An EPO will take effect as soon as a judge approves it and includes provisions like the following:
The exact effects of an EPO will vary depending on the precise circumstances of the situation. Consulting with an emergency protection lawyer can help you better understand how an EPO can help you navigate your own situation.
After requesting an emergency protective order, a police officer will collect more information about the abuse and contact the court. Then, a judge will review the evidence and decide whether to make the EPO official. Once the judge decides to issue the EPO, it is immediately effective. People who are dealing with abuse can also request a temporary restraining order, which can last for up to three weeks. To obtain a permanent restraining order, one must attend a hearing in which the individual seeking the order presents evidence of abuse to a judge. A permanent restraining order can last five years without being extended by the court. Survivors of domestic abuse might also consult a domestic violence attorney to pursue a civil claim against the abuser.
An emergency custody order (ECO) is a temporary order of custody to provide immediate protection to a child who is in danger. For example, if there is domestic violence occurring in the child’s home, if a guardian of the child is struggling with substance abuse or is not mentally fit to keep the children safe, a parent might want an ECO to ensure that the child is protected. In addition, if there are allegations of sexual or physical abuse of the child, then an ECO can help keep the child safe until these are addressed.
An ECO grants temporary custody of a child or multiple children to the person that issued it. The exact provisions of the order depend on the situation at hand. For instance, the process of implementing the ECO might require removing the child from an unsafe environment and to a new home or that an individual move out of the child’s home.
Filing for an ECO is a relatively straightforward process that takes about ten days, but it includes several administrative steps. First, the parent needs to fill out three forms, an Application For Order and Supporting Declaration and a Proof of Service Form, and a Request for Order form, which is served to the other person with custody at least one day before the hearing where the ECO is granted. As a part of the filing process, the individual filing will need to provide evidence that the child’s safety is at risk, such as medical reports, photos, or witness statements. A lawyer can help walk you through this process and ensure that you do everything necessary to protect your children.
After an individual files the paperwork, they will have to appear with the other party in front of a judge. Depending on the context of the situation, the court might request a mental health evaluation. At the hearing, a judge will decide if the evidence suggests the need for an ECO. This is a temporary protection measure that will be effective until a full hearing can be held, in which both parties present evidence and fight for custody. The next hearing is typically within about twenty days.
In California, it typically takes about ten days from the time of requesting an emergency custody hearing to hear back from the court. It is important to note that this is after the person filing has collected evidence, then filled out and submitted the required forms. At the first hearing, the judge will make a decision regarding the ECO.
To get an emergency custody order in the state of California, one must submit three forms to the court that include evidence that the child or children are in immediate danger. Examples of evidence include photographs or medical records. Once one submits the files, they will hear back from the court about an initial hearing within about ten days. At the first hearing, the judge will decide whether to grant a temporary emergency custody order.
An emergency protective order provides immediate protection from domestic violence and abuse. A law enforcement officer typically requests it from a judge after identifying an abusive situation. The judge will review the evidence from the law enforcement officer and determine whether to issue the EPO. Once issued, the EPO is immediately effective and typically prevents contact between an abuser and survivors.
Yes. If a judge has issued a court order like an emergency protective order or an emergency custody order, law enforcement officers can enforce it. If a person does not abide by the rules in the order, then they can face serious consequences, such as time in jail. Consulting a lawyer can help you figure out your options if you file an order and the involved party does not follow it.
If you or someone you love is in immediate danger, you should waste no time seeking help. If you have questions regarding how to obtain an emergency order or the complex legal processes involved with them, our experienced lawyers at the Carroll Law Office can help. Contact us today to consult with one of our skilled attorneys.
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