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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Alameda Protective Order Lawyer

A person facing an abusive person, family member or otherwise, may not need to tolerate unwanted behavior indefinitely. Individuals may be able to remove unwanted individuals from their lives by way of court order. If you are being harassed or abused by a family member or outsider, you could contact an Alameda protective order lawyer for help. A seasoned attorney may be able to help you get your peace of mind back following an instance of domestic violence or harassment.

What is a Protective Order?

There are two kinds of protective orders: Orders a claimant could convince a judge to give the defendant in a criminal case to protect the claimant against being contacted by and otherwise harassed or harmed by the defendant, and civil protective orders. A specific kind is domestic violence restraining orders, which could be used when someone alleges that a domestic partner committed some act of violence or is harassing them. Civil harassment restraining orders could also be used if there are people that are either harming or harassing one another but they are not domestic partners; they are just neighbors, co-workers, or even friends.

Difference Between a Restraining Order and Protective Order

In practical terms, there may not be much difference between a restraining order and protective order. While both could prohibit the restrained party from contacting or communicating with the protected party, a protective order is issued pursuant to a criminal case while a restraining order is issued in civil or family court pursuant to a separate filing requesting orders be put in place. The protective order is typically either issued by law enforcement at the scene of the incident (this is called an EPO – Emergency Protective Order) or issued at the request of the District Attorney once charges have been filed (this is called a CPO – Criminal Protective Order). A restraining order is typically issued at the request of the claimant of the crime by filing a petition separate from the criminal action in another forum such as family court.

Defining Good Cause

Good cause refers to the grounds or circumstances under which a protection order is made. When someone alleges that there was ongoing harassment from one person to another that has caused them emotional or even physical harm, it is either violence or a threat of violence and there is typically good cause. For more information about what is defined as good cause, reach out to an Alameda protective order attorney.

Available Types of Protective Orders

A person seeking to place a protective order may have a number of options on their table, which may include criminal protective orders and emergency protective orders. If the police may arrive after a complaint of domestic violence and arrest someone, the claimant could request an emergency protective order from the police. While a judge could be available by phone to order it right there and then, these orders are only good for five court days or seven calendar days. The person must go to court and get a restraining order after the expiration date, or, if the case can be charged in court, they could ask for a criminal protective order to be issued in court.

Vacating or Modifying an Order in Alameda

Once an order is made, it could be altered by showing that there has been a change in circumstances. There may be no need for it anymore or the other party might no longer feel as though they need protection. Parties may reconcile their differences on their own, people might transfer jobs or move away. These circumstances may not guarantee a modification but typically if the protected party does not oppose the modification or vacating the orders, the judge may be amenable.

The law states that a protective order could be extended if the person seeking to extend it shows that they have a reasonable fear of continued harassment or abuse. In restraining order cases, the person may be able to file a request for a renewal of restraining order three months prior to the expiration of the order. The restrained party could have the right to a hearing where the judge would make a decision. There is no requirement that new conduct must have occurred for the judge to issue a renewal of restraining orders.

For help with modifying a protective order, contact an experienced Alameda protective order lawyer.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer