Protective Orders Lawyers Fairfield

Domestic Violence Attorneys Solano County CA

In California, there are two kinds of protective orders: Emergency Protective Orders (EPO) and Criminal Protective Orders (CPO). An EPO is typically good for five days and is issued by law enforcement to victims of domestic violence. A CPO or "no contact" order is issued in active domestic violence cases through the district attorney's office. Once a CPO is issued, an alleged abuser cannot contact you through e-mail, letters, notes, or call you on the phone.

Is a CPO the Same Thing as a Restraining Order?

No. A CPO is issued to a "restrained person," that is, someone who has already been arrested, charged, or convicted for committing crimes against a victim. As such, protective orders are different from civil restraining orders in that a district attorney files a CPO, whereas a person who feels threatened by someone else signs an affidavit to initiate a restraining order.

Can I Request a Restraining Order if I Have a CPO?

Yes. In fact, it is in your best interest to file for a restraining order if the DA has issued a CPO for you. First, a CPO can expire for reasons you cannot control. Second, once a restraining order is issued, the restrained person must relinquish ownership of any firearms they have, vacate any shared-living space with you, avoid all contact with you and your family, and can be picked up on suspicion of violating the restraining order.

How Can I Request a Restraining Order?

If you feel threatened by someone you can sign an affidavit to that effect at your local courthouse. A temporary restraining order in effect for 10 days will be issued. A hearing will also be set to determine if the restraining order needs to be extended. You can introduce evidence of abuse or threats against you and your family at this hearing.

Does the Restraining Order Override the Criminal Protective Order?

In most cases, a CPO will be given priority over a restraining order. This means if a CPO is a "peaceful contact" order allowing for some contact while the civil restraining order specified "no contact," the CPO order will take priority. This often occurs in child custody cases where the restrained person and the protected person have children together. For this reason, it's important to work with an attorney when requesting a civil restraining order.

How Long Is a Protective Order in Effect?

While each case is different, a protective order can last up to three years. If a restrained person violates the terms of the order at any time during this period, he could be arrested, prosecuted, and sent to jail.

Contact Fairfield, California Protective Order Attorney Susan E. Christiansen

If you are being threatened or have been the victim of domestic violence, contact restraining and protective orders attorney Susan E. Christiansen today to schedule an appointment to discuss your case. We can evaluate your situation and discuss the best options available to you.