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Emergency Order of Protection
The emergency order of protection is also placed in the criminal code as a mechanism to prevent domestic violence. An emergency order of protection (EOP) may be granted by an authorized judicial office either in writing or orally for the protection of a person in imminent and present danger of domestic violence.
To assure immediate availability, emergency orders may be requested and issued by telephone. An emergency order may
• enjoin the defendant from committing an act of domestic violence
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• grant one party exclusive use and possession of the parties residence if there is reasonable cause to believe physical harm may otherwise result.
• restrain the defendant from contacting the plaintiff or other specifically designated persons coming near the residence, place of employment, or school fo the plaintiff or other designated persons if there is reasonable cause to believe physical harm amy otherwise result.
• prohibit the defendant from possessing or purchasing a firearm for the duration of the order upon a finding that the defendant may inflict serious bodily injury or death on the plaintiff.
Unless continued by the court, an emergency order is valid only until the close of the next judicial business day following the day that the emergency order was issued. In counties with a population of 150,000 persons or more, the presiding judge of the Superior Court mus t make available on a rotating basis a judicial officer to issue emergency orders during the hours that the courts are closed. There is no similar requirement for counties having a smaller population. However, in smaller counties, a judge, justice of the peace or magistrate may issue an emergency order of protection.
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