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What happens after an emergency protective order has been issued

Garden Grove, CA |

My boyfriend and I had an argument that escalated to a physical argument. The polices deemed it necessary for an Emergency Protective Order for me. They took him to the office department and he got out after that. I'm not afraid of myself being in any danger from him. I'm alot more worried of what will happen to him. And now I dont know what to expect. Does he have to go to court because of this ?

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Attorney answers 2


The Emergency Protective Order will expire after seven calendar days or five court days, whichever is earlier. You would only need to go to court if you wished to request a DVRO, which you apparently do not, and your boyfriend will only need to go to court if he is criminally charged with domestic violence in relation to this incident.

Good luck.

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It depends. If the police arrested him and he is being charged him with a crime he may have to appear in Court. Your emergency protective order will expire 72 hours after issuance. You have a small window of an opportunity file a domestic violence restraining order in family court. Your concern for him after the fact is an all too common response in these cases. I've seen this cycle again and again in my years in the business. Please, please think long and hard about staying in this relationship. If you have children, you have a responsibility to keep them safe. My guess is, this isn't the first time he's been physical with you. You deserve better. Why would you stay in an abusive relationship?

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship