Emergency Protective Orders (EPO) in California: What They Are, How Long They Last, and What to Do

Quick answer: A California emergency protective order (EPO) is a short-term restraining order that a judge issues, usually by phone, at the request of a police officer who is responding to a call. It takes effect immediately, and it expires at the earlier of the close of court business on the fifth court day or the seventh calendar day after it is issued (Family Code § 6256). An EPO can prohibit contact, require the restrained person to stay away, order that person out of a shared home, give temporary custody of children to the protected person, and prohibit firearms. There is no hearing before it is issued, and it normally expires before one could be held. The practical defense is strict compliance for those five to seven days while preparing for what usually comes next: a temporary restraining order in family court, a criminal protective order, or both.

Key Takeaways

• Who asks for it: only a law enforcement officer can request an EPO. The protected person cannot file for one directly.
• Who issues it: a judge, commissioner, or referee who is on call 24 hours a day (Fam. Code § 6241).
• How long it lasts: five court days or seven calendar days, whichever ends first. The day of issuance is not counted.
• What it can order: no contact, stay away, move out, temporary custody, and no firearms or ammunition.
• Violation is a crime: a knowing violation can be prosecuted under Penal Code § 273.6.
• It is issued “without prejudice”: the EPO is not a finding that abuse occurred (Fam. Code § 6255).
• It is usually the first of three orders: the EPO, a criminal protective order if charges are filed, and a domestic violence restraining order if the protected person petitions the family court.

What Is an Emergency Protective Order?

An emergency protective order is created by Family Code §§ 6240 through 6275. It exists to cover the gap between a police call and the time a person can get to a courthouse to ask for a domestic violence restraining order. Because courts are closed at night and on weekends, each superior court must designate at least one judicial officer who is reasonably available at all times to issue EPOs orally, by telephone or otherwise.

The officer at the scene describes the situation to the on-call judicial officer. If the order is granted, the officer writes it on Judicial Council form EPO-001, signs it, serves the restrained person if that person can reasonably be located, gives a copy to the protected person, files a copy with the court, and has it entered into the Department of Justice database so that any officer in California can see and enforce it (Fam. Code § 6271).

When Can a Judge Issue an EPO?

Under Family Code § 6250, a judicial officer may issue an EPO when a law enforcement officer asserts reasonable grounds to believe any of the following:

• A person is in immediate and present danger of domestic violence, based on an allegation of a recent incident of abuse or threat of abuse.
• A child is in immediate and present danger of abuse by a family or household member.
• A child is in immediate and present danger of being abducted by a parent or relative.
• An elder or dependent adult is in immediate and present danger of abuse. An EPO cannot be based solely on an allegation of financial abuse.

The judicial officer must also find that the order is necessary to prevent the abuse or abduction from happening or recurring (Fam. Code § 6251). “Reasonable grounds” is a low threshold. The judge hears only the officer’s summary, and the person to be restrained has no opportunity to respond.

A separate statute, Penal Code § 646.91, allows an EPO when an officer asserts reasonable grounds to believe a person is in immediate danger of stalking. It follows the same five-court-day or seven-calendar-day expiration rule.

EPO vs. TRO vs. Criminal Protective Order vs. DVRO

These orders can overlap. A person arrested on a Friday night may be served with an EPO at the scene, a criminal protective order at arraignment the following week, and a family court TRO a few days after that. See our guides to criminal protective orders, emergency gun violence restraining orders, and how long each type of restraining order lasts.

What an EPO Can Order

Under Family Code § 6252, an EPO may include any of the following:

• Personal conduct orders: no harassing, attacking, threatening, stalking, or contacting the protected person, directly or through others.
• Stay-away orders: a set distance from the protected person, the home, the workplace, a vehicle, or a child’s school.
• Residence exclusion: an order to move out of a shared dwelling immediately, regardless of who holds title or signed the lease.
• Temporary custody: temporary care and control of minor children to the protected person or another appropriate adult.
• Firearm prohibition: no owning, possessing, purchasing, or receiving firearms or ammunition while the order is in effect.

The specific terms that apply are the ones checked on your copy of form EPO-001. Read it line by line.

How the Five-Day and Seven-Day Rule Works

An EPO expires at the earlier of (a) the close of judicial business on the fifth court day following the day it was issued, or (b) the seventh calendar day following the day it was issued. Weekends and court holidays are not court days, which is why the seven-calendar-day cap exists.

Do not calculate this yourself and act on your own math. The order states its expiration date and time, and that is what an officer in the field will enforce.

What to Do If You Are Served With an EPO

1. Read the order and keep it with you. Note the expiration date and every box that is checked.
2. Have zero contact. No calls, texts, emails, social media messages, or messages passed through friends or family, even to apologize or to discuss the children.
3. Leave the residence if ordered. Take essentials if the officer allows it. For anything else, ask the local police or sheriff about a civil standby rather than returning on your own.
4. Deal with firearms immediately. Follow the relinquishment instructions on the order and keep the receipt. See firearm surrender after a restraining order.
5. Do not give a statement about the incident. An EPO frequently accompanies a criminal investigation. Anything said to officers, to the protected person, or online can be used in a criminal case and at a restraining order hearing.
6. Preserve evidence. Save messages, call logs, photos, video, and the names of witnesses now. Phone and security camera data can be overwritten within days.
7. Watch for the next set of papers. A family court TRO and a notice of hearing may be served before the EPO expires.
8. Speak with a defense attorney during the EPO period. The decisions made in the first week affect both the criminal case and the restraining order case.

What Happens If an EPO Is Violated

A knowing violation of a protective order can be charged under Penal Code § 273.6, generally as a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both, with greater exposure if the violation involves injury or prior convictions. Officers are directed to use every reasonable means to enforce an EPO (Fam. Code § 6272), and an arrest for a violation is common even when the contact was brief or invited.

A violation also follows you into court. Judges deciding whether to grant a long-term restraining order may treat a violation of an earlier order as evidence that an order is needed. Possessing a firearm while the order is in effect can be charged separately under Penal Code § 29825. For the defense of violation charges, see restraining order violation defense under Penal Code § 273.6.

Which Order Controls When There Is More Than One?

California law sets an order of priority. An EPO takes precedence in enforcement over another restraining or protective order when it protects a person already protected by the other order, restrains the same person, and has more restrictive terms. Otherwise, a criminal court no-contact order generally takes precedence over a conflicting civil or family court order. In practice, the safest rule is to follow the most restrictive term in any order that is currently in effect.

What Usually Comes After an EPO

A family court restraining order request

The EPO form tells the protected person how to ask the court for a longer order. If that person files a request (form DV-100), a judge reviews it the same or next court day and may issue a temporary restraining order that lasts until a hearing, usually about three weeks later. That hearing is where the restrained person can present evidence, testify, and cross-examine. Learn how to respond to a restraining order and what to expect at the hearing.

A criminal case

If there was an arrest, the prosecutor decides whether to file charges such as corporal injury under Penal Code § 273.5 or domestic battery under Penal Code § 243(e)(1). At arraignment, the criminal court can issue its own protective order. When a criminal case and a restraining order case run at the same time, testimony in one can affect the other. See restraining orders with a pending criminal case.

Nothing

Sometimes no petition is filed and no charges are brought. The EPO expires, and the restrictions end. Keep your copy of the order and the firearm receipt, and ask counsel about recovering any relinquished firearms.

Common Mistakes During an EPO

• Replying to a message from the protected person because “they contacted me first.”
• Going back to the home for clothes, tools, or a pet without a civil standby.
• Asking a relative to pass along a message.
• Posting about the incident on social media.
• Leaving firearms with a friend instead of law enforcement or a licensed dealer.
• Assuming the matter is over when the EPO expires, and missing service of a TRO.

A Realistic Timeline: The First 30 Days After an EPO

If the person was cited and released, or posted bail, the arraignment may be set weeks out, and a prosecutor may still be deciding whether to file. That gap is when early intervention by defense counsel can matter most.

Common Misunderstandings About EPOs

• “An EPO means I will be charged.” Not necessarily. The filing decision belongs to the prosecutor and is made separately.
• “The other person asked for it, so they can cancel it.” The officer requested it and a judge issued it. The protected person cannot waive it.
• “It only covers the house.” The order covers whatever is checked on the form, which usually includes contact by any means and specified locations.
• “It is only a week, so it does not matter.” A violation during that week is a crime and becomes evidence in every later proceeding.
• “There was no hearing, so it is not valid.” The statute authorizes an EPO without notice or a hearing. It is enforceable when issued.

Frequently Asked Questions

How long does an emergency protective order last in California?

An EPO expires at the earlier of the close of court business on the fifth court day after it is issued or the seventh calendar day after it is issued. The day of issuance is not counted. The exact expiration date and time are written on the order (Family Code section 6256).

Can I contest or appeal an emergency protective order?

There is no hearing built into the EPO process, and the order usually expires before any motion could be heard. The practical way to respond is to comply fully, then contest any temporary restraining order or request for a longer order that the protected person files in court.

Does an EPO mean I have been charged with a crime?

No. An EPO is a short civil protective order requested by a law enforcement officer. It is separate from any arrest or criminal charge, although an EPO is often issued at the same time as a domestic violence arrest.

Do I have to move out of my home under an EPO?

If the order includes a move-out provision, yes. An EPO can require the restrained person to leave a shared residence immediately, even if that person owns the home or is on the lease. Belongings are usually retrieved later through a police civil standby.

Do I have to give up my guns under an EPO?

Generally yes. The EPO form prohibits owning, possessing, purchasing, or receiving firearms and ammunition while the order is in effect, and it directs relinquishment. Follow the instructions on the order and get a receipt.

What happens if the protected person contacts me during the EPO?

The order restrains you, not the protected person. Responding to a call or text, or agreeing to meet, can still be charged as a violation. Do not respond, and keep a record of the contact for your attorney.

What happens when the EPO expires?

If no other order has been issued, the restrictions end. In many cases, though, the protected person files for a domestic violence temporary restraining order before the EPO expires, or a criminal court issues its own protective order at arraignment. Either of those orders can continue the restrictions.

Does an EPO show up on a background check?

EPOs are entered into the statewide law enforcement database (CLETS, through the California Restraining and Protective Order System) while they are in effect so officers can enforce them. They are short-lived, but a related arrest or later restraining order can appear in other records.

Can an EPO affect custody of my children?

Yes, temporarily. An EPO can place temporary care and control of a child with the protected parent. Longer-term custody orders are made in the restraining order or family law case that follows.

Should I talk to the police to explain my side?

Statements to police can be used in a criminal case and in the restraining order hearing. Speak with a defense attorney before making any statement about the incident.

Legal Authorities Referenced

• Family Code §§ 6240, 6241, 6250, 6251, 6252, 6253, 6255, 6256, 6271, 6272, 6389
• Penal Code §§ 136.2, 273.6, 646.91, 18125 et seq., 29825
• Judicial Council form EPO-001 (Emergency Protective Order)

Talk to a Restraining Order Defense Attorney

Power Trial Lawyers defends respondents and defendants across Southern California, including Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties. The firm handles both the restraining order hearing and any related domestic violence charges, so the two cases are defended with one strategy. If you have been served with an EPO, contact the firm to discuss your case.

This page provides general information about California emergency protective orders. It is not legal advice, and reading it does not create an attorney-client relationship. Laws, forms, and court procedures change. Confirm details with the court and with counsel about your situation. Reviewed by Matthew Barhoma, Esq., Power Trial Lawyers. Last updated November 2026.