What an EPO is
An emergency protective order is issued by a judge at an officer's request, typically at the scene or during booking in a domestic violence arrest. It is short-lived — commonly about a week — and is meant to bridge the gap until the protected party can seek a longer restraining order. A criminal protective order under Penal Code §136.2 is usually issued at arraignment and replaces it.
- It can order you to stay away from a residence, workplace, school, or person.
- It can be no-contact, meaning no calls, texts, DMs, or third-party messages.
- It can order you out of a shared home even if the lease is in your name.
- It applies whether or not you agree with it and whether or not charges are ultimately filed.
The two consequences
| Track | What happens |
|---|---|
| New charge | §273.6 or §166 violation — a misdemeanor in most cases, with felony exposure where violence or a prior violation is involved |
| Bail consequence | The court may revoke release, raise the bail, or add conditions. A revoked bond means back into custody |
| Surety consequence | The bonding company may exonerate itself off the bond — see can a bondsman revoke a bond for nonpayment |
| Case consequence | Contact evidence gets used at trial and heavily damages credibility |
The mistakes we see most
- Answering a call from the protected party. The order restrains you, not them — you still violate it by responding.
- Sending a friend or relative to "just talk to her." Third-party contact counts.
- Going back for clothes or tools without a civil standby escort.
- Liking or commenting on the protected party's social posts.
- Attending a shared child's event without confirming the order's exact carve-outs.
If you have already violated it
- Stop the contact immediately, and preserve the messages rather than deleting them.
- Call your attorney before you call anyone else.
- Tell your bail agent. We would much rather help arrange a surrender than learn about it from the court.
- Expect to be re-booked; the new bail amount may be higher and the DV bail schedule governs it.