January 29 . 1 min read
When law enforcement responds to a domestic violence call, the situation is often tense, fast-moving, and emotionally overwhelming. In those moments, police officers must make quick decisions to protect everyone’s safety, particularly when there is an imminent risk of harm. California law provides two legal tools that may apply in these circumstances: Emergency Protective Orders (EPROs) and Domestic Violence Restraining Orders (DVROs).
Although these orders are related, they serve very different purposes and operate on very different timelines. Understanding how an EPRO differs from a DVRO, and what must happen between the two, can help victims of domestic violence take informed and timely steps to protect themselves and their children.
What Is an Emergency Protective Order (EPRO)?
An Emergency Protective Order is a short-term court order designed to provide immediate protection following a domestic violence incident. EPROs are most commonly issued after a 911 call, when police officers respond to a home and determine that there is an immediate risk of future harm.
Unlike most court orders, an EPRO is not requested by the victim directly. Instead, it is initiated by law enforcement when officers believe urgent protection is necessary. Once officers reach that conclusion, the process typically unfolds very quickly.
An Emergency Protective Order generally involves the following steps:
- A call to 911 reporting domestic violence or a related incident.
- Police officers responding to the scene and assessing the situation.
- A determination by officers that there is an immediate risk of future harm.
- Contact by law enforcement with an on-duty judge.
- Issuance of the EPRO if the judge agrees with the officer’s assessment.
- Immediate service of the order on the restrained party.
The purpose of an EPRO is not to resolve long-term custody, visitation, or support issues. Its role is strictly to provide short-term protection during a critical window.
How Long Does an Emergency Protective Order Last?
Emergency Protective Orders are intentionally brief. In most cases, an EPRO is valid for up to seven days, and sometimes for even less time, depending on when it is issued.
This limited duration is by design. An EPRO is meant to create a temporary layer of safety that allows the protected person time to take the next legal steps.
During this period, the protected individual can:
- Find a safe place to stay, if needed.
- Begin planning for longer-term protection.
- Consult with a family law attorney about available options.
- Prepare to request a Domestic Violence Restraining Order.
Once an EPRO expires, it no longer provides legal protection unless additional court action has been taken.
What Is a Domestic Violence Restraining Order (DVRO)?
A Domestic Violence Restraining Order is a longer-term court order that offers ongoing protection against abuse or threats of abuse. Unlike an EPRO, a DVRO must be requested by the protected party through the court system.
DVROs involve a formal legal process, including notice to the restrained party and an evidentiary hearing. At that hearing, the judge considers testimony and evidence before deciding whether to grant the order and for how long.
A Domestic Violence Restraining Order may include provisions addressing:
- Personal conduct restraints, such as no-contact or stay-away orders.
- Temporary or long-term custody and visitation arrangements.
- Child and spousal support orders.
- Move-out orders affecting the family home.
If granted after a hearing, a DVRO can remain in place for up to five years, providing significantly more stability and protection than an Emergency Protective Order.
Why the Transition from an EPRO to a DVRO Matters
One of the most important things for victims of domestic violence to understand is that an EPRO does not automatically convert into a DVRO. If no further action is taken, the protection provided by an Emergency Protective Order expires.
This gap between orders can be dangerous if not handled properly. The short window created by an EPRO is often the only opportunity to secure longer-term court protection before the restrained party is no longer legally bound by the order.
That is why it is critical to use the time provided by an EPRO to take the next steps, which may include:
- Consulting with our attorneys to evaluate whether a DVRO is appropriate.
- Preparing and filing the necessary court paperwork.
- Understanding what evidence may be needed for a restraining order hearing.
- Addressing related issues such as custody or visitation, when applicable.
In Santa Clara County, navigating these steps correctly and promptly can make a meaningful difference in the outcome of the case.
How Our Attorneys Help Clients Through This Process
Domestic violence cases require careful handling, clear guidance, and a steady legal strategy. At Feak & Revelo, LLP, our San Jose family law attorneys help clients understand their rights, their options, and what to expect at each stage of the process.
Our attorneys work with clients to:
- Explain the differences between emergency and long-term protective orders.
- Identify whether pursuing a DVRO is necessary and appropriate.
- Prepare clients for restraining order hearings.
- Address related family law issues that may arise alongside protective orders.
If you or someone you care about has been involved in a domestic violence incident and an Emergency Protective Order has been issued, it is important to understand what comes next. Contact Feak & Revelo, LLP at (408) 501-8883 or online today to speak with our San Jose family law attorneys about how we can help you take the next steps toward safety and stability.
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