How do you read the timing element of CCP 17.292(a)? Specifically, if the Emergency Protective Order is NOT issued at magistration can it be issued AT ANY TIME BEFORE the defendant makes BAIL?

Situation: defendant is in jail, has been magistrated, has not made bail. Magistrate forgot to issue the EPO...can the Magistrate issue the EPO at anytime before the defendant is released?

FYI: I say no.

Please, educate and pontificate!

I say "yes" since CCP Art.17.292 speaks to the defendant's appearance before a magistrate. It does not say the "initial" appearance.

However, the magistrate could use the same provisions that are included in a protective order as a bond condition under CCP Art. 17.40. The magistrates in my county add these bond conditions all the time, which means the provisions last more than 60 days.