In this video, Partner Stefano L. Molea speaks about a common mistake people make in the aftermath of a domestic violence dispute. The situation involves what is often an unintentional violation of the law.
Assume that there is a domestic violence situation in which the police are called. After speaking to the complaining witness (the alleged victim), it is not unusual for the police to ask if he or she wants an Emergency Protective Order (EPO). Central to these EPO’s is a prohibition on contact (specifying the type of contact prohibited) with the alleged victim during the time that the EPO is in effect, usually about 3-10 days. If the complaining witness requests an EPO, the police will reach out to a judge, who will almost always issue it. When this occurs, the accused is often in the back of a patrol car in handcuffs. The police will show them the EPO and/or explain its terms.
Unfortunately, many people don’t look at the EPO or listen when it is explained. And once they are booked at the police station, they make their first phone call to none other than their accuser, the same person the EPO prohibits them from contacting! Unfortunately, the call itself will violate the EPO, a misdemeanor in California. The situation becomes somewhat bizarre if the prosecutor decides there is insufficient evidence to move forward with the domestic violence case, but proceeds on the violation of the EPO. Such a course of action is more common that you may think.
The lesson to be learned here is to listen when the police tell you about an Emergency Protective Order, do not attempt to contact your accuser (directly or indirectly) if served with an EPO, and retain a quality, locally experienced, criminal defense firm who can advise you accordingly how to best protect, and regain control of, your future!
