Legal Question in Criminal Law in California

Is it legal for an emergency protective order to be issued when there are no indications of injury or objects thrown?


Asked on 1/23/12, 11:56 pm

1 Answer from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

If you mean can an order be issued based solely on someone's word, the answer is yes, while obvious injuries make the issuance more likely. Of course any obvious injuries could have resulted from other causes (in part or in whole) or be self-inflicted for that matter, so, either way, an emergency order is issued mainly on the word of the complainant or "victim." There would be a hearing where the issuance of a more permanent order can be disputed. If you are the one against whom the order is or may be granted, contact a criminal defense attorney local to the court where the case will be heard. Good luck to you.

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Answered on 1/24/12, 2:12 am


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