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.
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.
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.
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.
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.
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.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
