Jo-Anna Nieves
Founding Attorney
Modifying Protective Orders in Oakland
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A protective order could be vacated or modified at the request of both parties if they come to a mutual agreement. For example, a married couple could agree to a protective order during a period of separation but then request the termination or modification of the protective order after reuniting. The judge may terminate the order in full or modify it to a peaceful contact order. If you are thinking about modifying a protective order in Oakland, consider speaking with an experienced attorney to understand the potential consequences of a modification.
A protective order may be changed or extended if a protected party requests it or if a protection order is going to expire. With criminal protective orders, a judge will make an inquiry of the protected party regarding their position on the modification. If the party is adamant that they want the order terminated, the judge may do so immediately. Alternatively, in cases where the judge wants to ensure that the protected party is making a wise decision, they will require the party to attend a set number of counseling hours. The judge may then modify the order to peaceful contact or terminate the order completely.
If the protected party wants the protection to continue, typically the protective order will remain a condition of probation unless ordered for a longer period of time. If the protection expires at the time probation expires and the party would like to seek further protection, they would need to petition for a restraining order in civil court.
In the case of civil restraining orders, once the order has been granted the petitioner can apply for a renewal of the order prior to the expiration of the order. There is a three-month window during which the parties can request a renewal of orders with the court.
Domestic violence has several collateral consequences such as loss of custody or visitation in family law cases, loss of employment, deportation, exclusion, or denial of naturalization. A granted restraining order could negatively affect the outcome of a criminal case for related domestic violence conduct, especially if sworn statements are made in the restraining order hearing. Anything that is said or written in a civil restraining order case can be used against the accused in criminal court. If a person admits to conduct in the restraining order, or if they provide testimony that is not helpful to their criminal case, it could be brought up in their criminal case and used against them.
Similarly, just because a restraining order has been granted does not mean an individual is automatically guilty in their criminal case. It is critical that a person who has a pending restraining order matter at the same time as a pending criminal case hire a skilled attorney.
Consider reaching out to an attorney before modifying a protective order in Oakland. A lawyer with experience in protective orders and domestic violence could protect your Fifth Amendment right against self-incrimination and ensure that statements are not made that would be against your interests.
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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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
