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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





Oakland Emergency Protective Order Lawyer

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 Order Process

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 In all cases, if the parties agreed that a restraining order was no longer necessary, it could be withdrawn at any point in the future once the judge has issued it.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.

How Long Do Emergency Protective Orders Last?

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.

Requirements of a Protective Order

A civil protection order, if granted, require various conditions, which may include:

  • Discontinuing all contact either directly or indirectly
  • Maintaining a specified distance from a person’s home, car, place of work, school.
  • Relinquishing firearms
  • Debt or mortgage payments in the case of domestic violence restraining orders
  • Move out orders
  • Returning stolen property
  • Child abduction, child custody, and visitation orders in domestic violence restraining orders
  • Attendance at a domestic violence court

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.

Hiring an Oakland Emergency Protective Order Attorney

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.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer