What Are the Differences Between Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Orders?
Domestic Violence, Restraining Order, Restraining Order

What Are the Differences Between Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Orders?

The primary differences between Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Orders in California involve who issues the orders, when they are used, how long they last, and the steps required to obtain them.

Summary: In California, EPOs provide immediate, short-term protection and are issued by law enforcement; TROs are issued by a judge to extend protection until a hearing; Permanent Orders are long-term protections granted by a judge after a formal hearing. These orders form a timeline of safety measures for those experiencing domestic violence or threats.

How Do These Orders Work Together in California?

Think of these orders as a chronological safety net. If someone is in immediate danger, law enforcement can request an EPO to provide urgent protection. As the EPO nears expiration, a TRO can be filed to maintain safety until a court hearing. After both parties have had a chance to present evidence, a judge may grant a Permanent Order to provide long-term protection. Each order plays a crucial role in protecting victims of domestic violence and ensuring due process for all parties involved.

What Is an Emergency Protective Order (EPO)?

An Emergency Protective Order is the fastest way to get immediate legal protection in California. Here’s how it works:

  • Who Issues: Only law enforcement (usually responding to a crisis) can request an EPO. Officers call a judge, available 24/7, who can issue the order on the spot.
  • Purpose: EPOs are designed for urgent, on-the-scene situations like domestic violence, child abuse, elder abuse, or threats of harm.
  • Duration: EPOs are extremely short-term—they last five court days or seven calendar days, whichever is shorter.
  • How to Apply: Victims cannot request EPOs themselves; a police officer must initiate the process.

EPOs offer a critical bridge to safety, giving victims the time they need to leave a dangerous situation and seek further legal protection.

What Is a Temporary Restraining Order (TRO)?

A Temporary Restraining Order is the next step in the protective timeline:

  • Who Issues: A judge in civil or family court.
  • Purpose: TROs extend protection after an EPO expires. These are typically granted “ex parte,” meaning the alleged abuser does not have to be present or notified beforehand.
  • Duration: TROs generally last 21 to 25 days, until a scheduled court hearing.
  • How to Apply: The person seeking protection, or their attorney, must file paperwork with the court. This is a crucial step to maintain safety after the initial crisis has passed.

TROs are vital to ensuring there is no gap in protection while awaiting the court’s decision on longer-term orders.

What Are Permanent Restraining Orders?

Permanent Restraining Orders—also called “Final Orders” or “Restraining Orders After Hearing (ROAH)”—provide long-term security:

  • Who Issues: A judge, but only after a formal court hearing where both sides can present evidence and testimony.
  • Purpose: These orders can include mandates like child custody, property control, and firearm relinquishment, tailored to the specifics of the case.
  • Duration: Permanent Orders typically last up to five years. In domestic violence cases (DVROs), they can be renewed or made permanent if the protected party continues to reasonably fear harm—no need to prove new abuse.
  • How to Apply: The judge grants this order at the end of the TRO hearing, provided sufficient evidence is presented.

Permanent Orders are essential for safeguarding victims over the long term and can address a wide range of safety and family law concerns.

Example Scenarios

  • EPO Example: Police respond to a late-night domestic violence call. The officer observes clear threats and, concerned for the victim’s immediate safety, calls a judge. The EPO is issued and takes effect instantly, forcing the abuser to leave the residence for up to seven days.
  • TRO Example: Before the EPO expires, the victim (with an attorney’s help) files for a TRO at the courthouse, ensuring ongoing protection until the court date.
  • Permanent Order Example: At the hearing, both parties testify. The judge finds a credible threat and issues a Permanent Order, including child custody terms and a firearm surrender requirement for the abuser.

How The Law Offices of Judy L. Burger Can Help

At The Law Offices of Judy L. Burger, we have years of experience helping clients understand and secure the right orders for their unique situations. Attorney Judy L. Burger is a California Certified Family Law Specialist known for her assertive, strategic advocacy and deep knowledge of California’s domestic violence and family law system. Whether you need immediate protection or long-term security, our team provides clear guidance and steadfast support at every stage.

Frequently Asked Questions

Q: Can I get an EPO myself?
A: No. Only law enforcement can request an EPO from a judge during a crisis.

Q: How do I get a TRO?
A: You (or your attorney) must file paperwork at the courthouse. TROs are often granted the same day.

Q: How long does a Permanent Order last?
A: Usually up to five years, but certain domestic violence orders can be renewed indefinitely.

Q: Do I need a lawyer for these orders?
A: While not required, a skilled attorney can help you navigate the process, gather evidence, and advocate for your rights in court.

Protect Your Future—Contact The Law Offices of Judy L. Burger

If you need to understand or obtain orders for protection in California, don’t face the process alone. Contact The Law Offices of Judy L. Burger for a confidential consultation. Our experienced team will explain your options and fight to safeguard your rights and safety at every step.

A Way to Secure Payment of Future Child Support: Court-Ordered Asset Deposit
California Divorce, Child Support

A Way to Secure Payment of Future Child Support: Court-Ordered Asset Deposit

Divorced parents sometimes have a hard time collecting child support payments on a regular basis. The obligated spouse may or may not pay on time and may even go for extended periods of time without making the ordered payments. This can place a severe hardship on the spouse who shoulders the parenting responsibilities. Fortunately, California state law provides an option for that parent to force her ex-spouse to live up to his obligation.

The California Family Code provides that an obligated parent who is 60 days or more delinquent in child support payments may be required to place on deposit assets that will ensure timely payments. The assets are deposited with a court-designated entity and may ultimately be used to satisfy the amount in arrears. The obligated parent may also be required to pay fees and costs to the designated holder of the assets in connection with management or liquidation of the assets.

In making a request for an order requiring the deposit of assets, the requesting parent must declare under penalty of perjury that the obligated parent owes an amount equivalent to 60 days of payments. Once made, the court will provide notice to the obligated parent, as well as an opportunity to be heard. The court may also issue an immediate restraining order instructing the obligated parent not to dispose of any assets except through the normal course of business. The parent may also be required to document any extraordinary expenses after issuance of the notice.

To avoid an order to deposit assets or to prevent the liquidation of deposited assets, an obligated parent must prove that the non-payment of support was not willful and without good faith. He must also show that he did not have the ability to pay. He may also defend against an order by showing one of the following circumstances:

  • a change in child custody;
  • a motion pending for reduction of child support based on reduction of income;
  • illness or disability;
  • unemployment;
  • a serious adverse impact on members of his immediate family who reside with him that would outweigh the harm to the custodial parent and children; and
  • a serious impairment of the obligated parent’s ability to earn income.

The amount of assets required for deposit must be the equivalent of one year’s worth of child support payments or $6,000, whichever is less. If the obligated parent continues to be in arrears and fails to make a reasonable effort to catch up within a court specified time-frame, the designated holder of the assets on deposit may use the assets to pay the amount in arrears. This may involve the use of cash or the sale of assets such as personal property.

In many cases, the threat of filing a request for court-ordered asset deposit is enough to bring a delinquent ex-spouse around. Hopefully, that is most often the case. If you need assistance collecting child support payments, contact the attorneys at the Law Offices of Judy L. Burger. We have extensive experience in family law matters and can help you determine whether court-ordered asset deposit is the right approach. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.