Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Discover How COVID-19 Could Affect a Restraining Order That Has Been Filed Against You

If you have a restraining order filed against you, then you could face difficulty clearing it up during the COVID-19 court closures. Keep reading to find out what this might mean for your case and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with a criminal defense attorney.

An Emergency Protective Order (EPO) Can Be Issued Against You Even if the Court is Not Open

Do not think that just because the courts are closed, that you cannot have a restraining order issued against you. If a person believes they are in danger, they can call the police and have the police request an emergency protective order (EPO). The police are able to request this if a person and/or their child are in immediate danger of domestic violence, being kidnapped, or being stalked.

While those are the most common reasons that EPOs are issued, they are not the only reasons. For example, if someone is afraid that a person will hurt themselves, an EPO may be issued. If a person is over the age of 59 and feels they are in immediate danger of any type of abuse, they can request an EPO.

Requesting a Restraining Order Can Be Done Largely Online

According to the emergency rules outlined for COVID-19, the courts are required to let someone file for a restraining order either at a courthouse or online, and they can sign in person or online. The courts have a self-help website that makes it easy for a person to see what kinds of restraining orders they may be able to ask for and how the restraining order can be requested.

The alleged victim can use a free program to ask for the order, fill out all the documents online, and print and file them at court or e-file if their local court allows it.

Restraining Orders Can Be Automatically Extended

If a person had a restraining order issued against you and it is about to expire, do not count on it doing so. The emergency rules in place say that temporary restraining orders, restraining orders, and gun violence emergency protective orders must be extended by 90 days. EPOs must be extended by 30 days. Any other type of criminal protective order can be extended for up to 90 days or such time as the hearing can take place, whichever comes first. In some cases, these restraining orders are automatically extended.

These Emergency Rules Can Make It Difficult to Defend Yourself

As you can see above, it can be difficult or perhaps even impossible to defend yourself against having a restraining order issued or extended. Other complications can occur as well, such as the date for your hearing being extended without your knowledge. These are just a few of the reasons you need a criminal defense attorney on your side fighting for your rights. Contact Law Office of Michael L. Fell at (949) 585-9055 now for more information and a free legal consultation.