The purpose of an emergency protective order is to provide gap coverage if the police feel protection is needed immediately. Such an order may be delivered at the request of law enforcement after responding to a domestic disturbance or after speaking with the alleged victim of a crime.
If you are the subject of an emergency order, your personal and financial freedom may suddenly be in jeopardy. An Oakland emergency protective order lawyer could help respond to an emergency order and protect your right to move and act freely.
Emergency protective orders are issued by a judge when requested by police, usually after responding to a domestic disturbance. The police file paperwork and explain why they think an individual might need protection. The judge then reviews the filing and issues a protective order based on whether they think that there is a just cause. The police would then notify the parties while they are on scene that a judge has reviewed the situation and determined that an emergency protective order is merited.
The notice of a hearing and temporary order must be personally served on the respondent with the appropriate response paperwork. There is still an opportunity for the respondent to respond and potentially defeat the restraining order at the bench trial.
After the response is filed, based on the information provided in the filing, testimony, exhibits, and evidence, a judge would determine if a longer restraining order is appropriate. In all cases, if the parties agreed that a restraining order was no longer necessary, it could be withdrawn at any point in the future once the judge has issued it. A restraining order lawyer could help petition for or defend against a restraining order.
Emergency protective orders, which are sought by police on behalf of a party, last for five court days or seven calendar days. The idea is to allow people time to cool off from a particular incident or protect somebody who needs immediate protection. Emergency protective orders (EPOs) also allow time for the filing of appropriate paperwork seeking full restraining orders.
A civil protection order, if granted, require various conditions, which may include:
Judges can also incorporate additional orders into the restraining order that are not listed on the judicial forms such as social media restrictions about the other party or customized orders when the parties frequent the same location, like school or work, for example.
If you are the subject of an emergency order, you may have questions about the next steps in the process, what rights you may still exercise, and how the order will impact child custody. An Oakland emergency protective order lawyer could answer these questions and also fight for your interests at a protective order hearing. Reach out today to learn more.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
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
