A domestic violence case usually comes with a protective order — and there is more than one kind.
Understanding which one you are facing matters, because they can control where you live, your contact with family, and your firearm rights.
The Types of Order
- Emergency protective order (EPO). Issued right after an arrest, short-term (usually up to a week), to give immediate separation.
- Criminal protective order (CPO). Issued by the criminal court while the case is pending, and often as a condition of probation if there is a conviction.
- Civil (DVRO) restraining order. A separate civil case the protected person can bring, independent of the criminal charges.
What They Control
A protective order can bar all contact (or allow ‘peaceful’ contact), impose a stay-away distance, order you to move out of a shared home, and require you to surrender firearms. It can also affect custody and visitation. These are serious restrictions that attach fast — often at the arraignment.
Fighting or Modifying One
You can be heard on a protective order — and a lawyer can argue against an order that would lock you out of your own home, or ask the court to modify a no-contact order to allow peaceful or child-related contact. Until it is modified, follow it exactly: violating a criminal protective order issued under Penal Code § 136.2 is a misdemeanor under Penal Code § 166(c)(1), punishable by up to one year in county jail and/or a $1,000 fine, even if the protected person reaches out first.
Frequently Asked Questions
What kinds of restraining orders come with a domestic violence case?
Three main kinds: an emergency protective order (EPO) issued right after an arrest, a criminal protective order (CPO) issued by the criminal court while the case is pending, and a separate civil (DVRO) restraining order the protected person can bring independently.
What can a domestic violence protective order do?
It can bar all contact or allow only peaceful contact, impose a stay-away distance, order you to move out of a shared home, require you to surrender firearms, and affect custody and visitation. These restrictions attach quickly, often at the arraignment.
Can you fight a domestic violence restraining order?
Yes. You can be heard on the order, and a lawyer can argue against one that would lock you out of your home or ask the court to modify a no-contact order. Until it is modified, follow it exactly — violating a criminal protective order issued under Penal Code § 136.2 is a misdemeanor under Penal Code § 166(c)(1), punishable by up to one year in county jail and/or a $1,000 fine.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com