Were You Served with an Emergency Protective Order After a PC 243(e)(1) Arrest?

January 22, 2023

If you have been arrested for domestic battery under Penal Code 243(e)(1), it is possible that you may also be served with an emergency protective order (EPO) as a result of the arrest. An EPO is a court order that is designed to provide immediate protection for the alleged victim of domestic violence.

When an individual is arrested for domestic battery, the police may contact the alleged victim and ask them if they wish to seek an EPO. If the alleged victim requests an EPO, the police will then contact the court and request that an EPO be issued. Once an EPO is issued, the police will serve the EPO on the individual who has been arrested. Note, the police may serve a suspect with an EPO regardless of the alleged victim’s desire. It is generally at the discretion of law enforcement to seek an EPO on behalf of the alleged victim.

An EPO can have a significant impact on an individual’s life. The order may prohibit the individual from having any contact with the accuser, and may also prohibit the individual from returning to their home or place of work. The order may also prohibit the individual from possessing a firearm and may require them to participate in counseling.

It is important to note that an EPO is a temporary order, and it is usually in effect for a period of seven days. Violating an EPO can result in additional criminal charges, and can also impact an individual’s bail and sentencing in a criminal case.

It is important to take an EPO seriously and to comply with all of the terms and conditions of the order. It is also important to consult with a criminal defense attorney as soon as possible, as they can provide guidance on how to navigate the legal system, and can also help to prepare a defense for the upcoming hearing.

It is also important to note that individuals who have been arrested for domestic battery have a right to a fair trial and to be presumed innocent until proven guilty. It is crucial that the alleged victim’s safety is taken into consideration, but at the same time, the rights of the accused are protected.

Contact Us for Help in Southern California

Domestic battery can be a technical crime with multiple elements, and the legal defenses available will depend on the case’s specific circumstances. You must work with an experienced criminal defense attorney who can review the evidence against you, evaluate the strengths and weaknesses of your case, and advise you on the best defense strategy.

If you’re being accused of domestic battery under PC 243(e)(1), then call the Law Offices of John D. Rogers today. Contact us to schedule a free confidential consultation to discuss your options. Attorney John D. Rogers is a board-certified criminal law specialist by the State Bar of California. He routinely represents clients charged with domestic violence throughout southern California.  

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