What is an Emergency Protective Order (EPO)?

What is an Emergency Protective Order (EPO)?
An EPO is a

How do I get a protective order?
To get a

Who can I get a protective order against?
Anyone related to you, anyone you live with or used to live with, anyone you are or used to be romantically involved with, or anyone you are dating or previously dated. You can get a protective order if you can show that your partner has abused you physically, sexually, or emotionally.

Will I have a hearing?
Yes. If you are granted the Emergency Protective Order, a final hearing should be schedule within five business days of the day the protective order was filed. Your final hearing will be held in front of the Family Law Judge.

Do I need a lawyer to get a protective order?
You do not need a lawyer to get either an Emergency Protective Order a Final Protective Order. The emergency hearing is conducted ex parte (without the opposing party present), and you do not need a lawyer to file for one. The final hearing can be conducted pro se (you represent yourself), but it is advisable to hire a lawyer if you can. A lawyer will be able to explain all the options to you and more effectively represent you and your interests in court. If you cannot afford a lawyer, contact SWC at 263-8292 regarding our Pro Bono Program.

For how long is the protective order in effect?
The protective order can be in effect for either 90 days or 180 days.

What if he breaks the protective order?
Not all abusers obey protective orders. Since this is true, protect yourself by taking such precautions as changing the locks on your house and asking neighbors to check in on you regularly. You may want to stay domestic violence shelter, which is a safe and supportive environment. If the abuser breaks the protective order, call the police. He should be charged with civil contempt.

Will I be able to keep my children?
In a hearing for a protective order, you may explain why your children would be safer if they are with you and ask that your children be placed in your temporary custody. (A protective order is to keep you and the children safe from abuse not to gain permanent custody ) Unless the victim can prove abuse towards the children the father will have visitation rights.

How to get an EPO after hours:

If you need to request an EPO after the Magistrate’s offices close, you need to contact the police. The police then contact the Magistrate who is on-call. You will meet the Magistrate at their office. To complete the petition, you will initial the statements that are true and describes in writing what violence the abuser threatened to do or did. The Magistrate will a decision to grant or dismiss the petition. If the petition is granted, Magistrate schedules the final hearing within 10 days. The final hearing is heard by the Family Court Judge. The temporary order is in effect once the abuser has been served.