Emergency Protective Orders
In many domestic disputes one party in the relationship will often feel threatened by the other person, and feel the need to get a restraining order against the other person. There are many types of restraining orders, but one of the lesser known types of restraining orders is an Emergency Protective Order.
The Emergency Protective Order is for cases in which the person needs to get a restraining order, but it is late night, a holiday, or weekend. The courts are not open during this time and so cannot issue any kind of permanent restraining order.
First the threatened person will call the police so that a formal report can be filed about the incident. Next, the will ask the police for the paper work to file for an Emergency Protective Order. Finally, the person will try to collect all the evidence from the alleged crime for later used to get a permanent restraining order. They may take pictures or any injuries and get a medical report from a hospital or health clinic. Finally, the police will call a judge, give them the appropriate information, and serve the alleged offender with an Emergency Protective Order.
This type of restraining order only lasts for up to four days, will not necessarily become permanent, and is not active until served to the other party.
Talk to a San Jose Criminal Defense Attorney
If you or someone you know has been charged involved in a domestic abuse situation or has had a restraining order served to them and need legal representation, contact the San Jose criminal defense lawyers of the Law Office of Daniel Jensen, P.C. at (408) 296-4100.