Modifying Protective Orders in Oakland
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.
Protective Order Modification Process
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.
How Could a Protective Order Affect a Person’s Criminal Case?
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.
How a Lawyer Could Assist with Modifying Protective Orders
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.