An emergency protective order in California is a short-term court order that a law enforcement officer can obtain from an on-call judge, by phone, to protect someone facing an immediate threat of harm. It takes effect the moment the judge approves it and expires within days. The protected person does not file anything or go to court to get one, but they usually need to file for a longer-term order before the EPO runs out.
How Long an EPO Lasts
An EPO expires at whichever comes first: the close of business on the fifth court day after it was issued, or seven calendar days after issuance.1California Legislative Information. California Code FAM Section 6256 An EPO issued on a Monday evening would end at the close of business the following Monday (five court days) or the following Monday at midnight (seven calendar days), whichever comes first. A Friday-night EPO can expire sooner by calendar days than by court days, depending on holidays.
The order cannot be extended or renewed. When it expires, the protection is gone unless a longer-term order has been put in place.
What an EPO Can Require
The protections in an EPO vary with the situation, but they generally fall into a few categories.
Stay-Away and No-Contact Provisions
The most common provision requires the restrained person to keep a specified distance from the protected person, their home, workplace, and any children’s school or childcare facility.2Judicial Council of California. California Judges Guide to Emergency Protective Orders The EPO also prohibits contact by any means, including phone, mail, email, or other electronic communication.3Judicial Council of California. Emergency Protective Order Form EPO-001
Move-Out Orders
If the restrained person lives with the protected person, the EPO can order them to leave the home immediately. That can mean leaving the same night the order is issued.
Temporary Custody
In domestic violence and child abuse cases, an EPO can place children in the care of the non-restrained parent or guardian. In child abduction situations, it can assign temporary care and control of the child at risk. These provisions last only as long as the EPO itself.
Firearms Surrender
Anyone subject to an EPO must give up all firearms and ammunition in their possession or control. Under Family Code Section 6389, the restrained person must immediately surrender weapons to a responding officer on request. If no officer asks at the scene, the restrained person has 24 hours to turn the weapons over to local law enforcement or sell or store them with a licensed firearms dealer.4California Legislative Information. California Code Family Code FAM 6389
When a Judge Will Issue One
A judicial officer can issue an EPO when a law enforcement officer presents reasonable grounds to believe someone faces an immediate and present danger in one of the situations listed in Family Code Section 6250:
- Domestic violence, based on a recent incident of abuse or a threat of abuse by the person to be restrained.
- Child abuse by a family or household member.
- Child abduction, where a child is in immediate danger of being taken out of the jurisdiction by a parent or relative.
- Elder or dependent adult abuse. An EPO cannot be issued based solely on financial abuse.5California Legislative Information. California Code Family Code FAM 6250
Stalking can also justify an EPO, but under a separate statute. Penal Code Section 646.91 authorizes a stalking EPO when an officer has reasonable grounds to believe someone faces an immediate and present danger of being stalked. The process and duration are similar, though the statutory authority differs.
Before issuing the order, the judicial officer must find both that reasonable grounds exist to believe the immediate danger is real, and that the EPO is necessary to prevent the harm from happening or happening again.6California Legislative Information. California Code FAM 6251
Who Can Request One
Only a law enforcement officer can request an EPO. The process usually starts when someone calls the police during a crisis. The responding officer evaluates the situation and, if the officer believes an immediate threat exists, contacts a judicial officer by phone. A judge, commissioner, or referee is available around the clock to review these requests.7California Courts. Guide to Protective Orders
If the judicial officer approves, the order is issued verbally over the phone. The officer then fills out Judicial Council form EPO-001 so both parties can receive written copies, and the order is entered into the California Restrained and Protected Person Order System (CARPOS), a statewide database that lets any law enforcement agency in the state verify and enforce it.
A person who wants protection cannot call a judge directly or fill out an EPO form on their own.8California Legislative Information. California Code FAM Section 6250.3
What Happens If the Order Is Violated
Knowingly violating an EPO is a misdemeanor under Penal Code Section 273.6, punishable by up to a year in county jail, a fine of up to $1,000, or both.9California Legislative Information. California Penal Code 273.6
Penalties escalate in two situations:
- If the violation causes physical injury, the fine increases to up to $2,000, and the minimum jail sentence rises to 30 days. A judge can reduce this after at least 48 hours served.
- A second conviction within seven years that involves violence or a credible threat of violence can be charged as either a misdemeanor or a felony, carrying potential state prison time.9California Legislative Information. California Penal Code 273.6
Because the EPO sits in the CARPOS database, any officer in California can look it up and enforce it, even if a different agency issued it. The restrained person does not need a physical copy on them for the order to be enforceable.
Filing for a Longer-Term Restraining Order
The EPO buys time, but not much. Before it expires, the protected person needs to file for a Temporary Restraining Order (TRO) at the local Superior Court. This means completing court forms describing the abuse and the protection needed. There is no filing fee for domestic violence restraining orders in California.
If a judge grants the TRO, it stays in effect until a full hearing can be held, typically within a few weeks. At that hearing, both sides can present evidence and testimony, and the judge decides whether to issue a Domestic Violence Restraining Order (DVRO) lasting up to five years. If the judge does not specify a duration, the DVRO defaults to three years.10California Courts. Domestic Violence Restraining Orders Bench Guide A DVRO can be renewed for five or more years, or made permanent, without requiring proof of new abuse since the original order.11California Legislative Information. California Code Family Code FAM 6345
Missing the deadline is the single most common way people lose their protection. The five-to-seven-day window goes fast once you factor in gathering information and filling out paperwork. California’s court self-help centers can help with the forms at no cost, and many domestic violence advocacy organizations assist with the process.
A Note on Gun Violence Emergency Protective Orders
California has a separate emergency order focused only on firearms. A Gun Violence Emergency Protective Order (GVEPO), authorized under Penal Code Section 18125, allows an officer to ask an on-call judge to prohibit a person from possessing firearms, ammunition, and magazines when that person poses an immediate danger of injuring themselves or others. A GVEPO does not include stay-away or no-contact provisions.12Judicial Council of California. Gun Violence Emergency Protective Order Form EPO-002 It lasts 21 calendar days, and a hearing for a longer-term Gun Violence Restraining Order is automatically scheduled when one is issued. The restrained person must surrender firearms, ammunition, and magazines immediately on request, or within 24 hours to law enforcement or a licensed dealer, and file a receipt with the court within 48 hours.