It has been said that domestic violence rises over the weekend particularly on Sunday. This gives rise to many people coming into the courthouse to get restraining orders on Monday.
If you ever find yourself in need of a restraining order over the weekend, here's something you can do. The police can issue what's called an Emergency Protective Order when they are called to a scene after certain requirements are met. The police can also issue an Emergency Protective Order from the police station. This order is meant to protect victims of domestic violence and their children from further harm until they can get to a courthouse to request a Restraining Order. "An emergency protective order expires at the earlier of the following times: a) the close of judicial business on the fifth court day following the day of its issuance or b) the seventh calendar day following the day of its issuance." Family Code section 6256.
If you need a restraining order over the weekend when the court is closed, you can ask the police for an Emergency Protective Order which can be issued once certain requirements are met. In order to issue the Emergency Protective Order, the police must contact a judicial officer who must find the following: "(a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, and (b) That an emergency protective order is necesssary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult." Family Code section 6251.
If you know a friend who would benefit from this information, pass it on.
Take care.
Pam
Recent Comments