DVRO · EMERGENCY · February 2025
When domestic violence is occurring or has just occurred, waiting for a court to open the next morning is not an option. California's Emergency Protective Order system exists specifically for this situation — law enforcement can call a judge at any hour of the day or night, on any day of the year, and have a protective order in place within minutes. Understanding exactly what happens in the first 24 hours after a domestic violence incident can mean the difference between safety and continued danger.
What Is an Emergency Protective Order?
An Emergency Protective Order (EPO) is the fastest form of legal protection available in California. Unlike a Temporary Restraining Order, which requires you to go to court and file paperwork, an EPO is issued directly by law enforcement. When officers respond to a domestic violence call — or when you call the police to report abuse — they are required by California Penal Code Section 646.91 to consider issuing an EPO whenever they have reasonable grounds to believe you are in immediate danger. The officer contacts an on-call judge by phone, describes the situation, and the judge can authorize the order within minutes. It takes effect immediately upon issuance and is served on the restrained person on the spot.
What an EPO Actually Does
An EPO prohibits the restrained person from contacting you, coming near you, and — critically — it can also order them to leave a shared home immediately, even if they are on the lease or the mortgage. For parents with children, an EPO can include emergency custody provisions, granting you temporary physical custody on the spot. The EPO lasts 5 to 7 days — enough time to get to Sacramento Superior Court and file for a Temporary Restraining Order before the EPO expires.
What to Do Immediately After an EPO Is Issued
The 24 to 48 hours after an EPO is issued are the most critical. First, keep the EPO document with you at all times — it is your proof of legal protection if the restrained person violates it. Photograph any injuries, damaged property, or evidence of the incident before anything is cleaned up or repaired. Save every threatening voicemail, text message, email, or social media message — screenshot them and back them up somewhere the other person cannot access. Notify your children's school that the restrained person is not permitted to pick them up. Contact your employer's security or HR if there is any risk of the restrained person coming to your workplace.
Filing for a TRO Before the EPO Expires
An EPO is temporary by design — it bridges the gap between the emergency and the court system. You must file for a Temporary Restraining Order at Sacramento Superior Court before your EPO expires or your legal protection disappears entirely. The filing is done on Judicial Council Form DV-100, which asks you to describe the most recent abuse, any history of abuse, and the specific protections you need. This form is where many unrepresented petitioners lose their case — vague descriptions are insufficient. Judges look for specific incidents with dates, locations, and exact quotes from threatening statements. Attorney Marco Sarkovich can prepare your TRO application on an emergency basis and file it the same day you call. Free consultations available for qualifying cases at (916) 545-5036.
If the EPO Is Violated
Violation of an EPO is a criminal offense under California Penal Code Section 273.6. If the restrained person contacts you, comes near you, or refuses to leave a shared residence after being served, call 911 immediately. Do not engage with them. Do not agree to "talk things out" or meet in person — any contact you initiate can be used against you at your TRO hearing. Officers responding to an EPO violation can and should arrest the violating party on the spot. Document every violation with screenshots, witness names, and a written timeline — this becomes critical evidence at your full hearing.
Safety Planning Beyond Legal Protection
A restraining order is a legal tool — it does not guarantee physical safety on its own. While your legal case proceeds, create a safety plan. This means identifying a safe place to stay if needed, keeping important documents (passport, birth certificates, financial records) accessible, establishing a code word with trusted friends or family, and saving the number for a local domestic violence hotline. In Sacramento, WEAVE (Women Escaping a Violent Environment) at (916) 920-2952 provides 24/7 crisis support, emergency shelter, and legal advocacy. The National DV Hotline is 1-800-799-7233.