Before a full restraining order is granted, courts in Oakland typically grant temporary restraining orders until both parties can have their say in court. Knowing your way around these short-term orders, known as ex parte temporary restraining orders, could be key to achieving a successful outcome for yourself and your family. Talk to a knowledgeable attorney to learn more about ex parte restraining orders in Oakland and the effect they may have on your case.
In Oakland, an ex parte restraining order is an order that is granted by the court after only hearing one side of the story. The term “ex parte” means “one-sided,” so only the side of the person seeking protection is considered.
Often, what happens is the party seeking protection files for a restraining order, such as domestic violence or civil harassment restraining orders, and they fill out a form that tells their side of the story. Based on the petition, he or she asks the judge to issue an immediate short-term restraining order that lasts until the court has had the opportunity to have a full hearing. At the full hearing, the restrained party and the protected party would both have the opportunity to speak with the judge and share their perspectives and the evidence that they have about the conduct at issue.
An Oakland judge may grant an ex parte restraining order based on the filing of the person seeking protection if the judge believes that he or she is in harm’s way. The person filing the order must also have a prima facie case that would qualify him or her for a restraining order.
A temporary restraining order will last until the next court date. However, when the person seeking protection first files the order, the restrained party may not know it is happening. Due to this, the court dates are usually set within a 21 day period and the restraining order packet must be personally served on the restrained party. Once the restrained party has been made aware that they are now a subject to a restraining order proceeding, they can show up in court and ask the judge not to grant the full restraining order.
If the matter is continued the temporary restraining order is usually continued until the new court date as well – although the restrained party can make a pitch for a modification of the temporary orders if there is a legitimate basis to remove some orders or adjust the granted temporary status all together. After a full restraining order hearing takes place, if a permanent order is granted it can be for a duration of 5 years in civil harassment restraining order cases or 5 years in domestic violence restraining order cases, 5 years in elder abuse restraining order cases, and 3 years in workplace violence restraining order cases.
It should be noted that because it is ex parte, the judge does not know all the details of the case. They have just heard that one side of the story at that point. That is why the order is for a much shorter term as the restrained party has not had an opportunity to defend themselves.
An ex parte temporary restraining order may not last very long, but it can have immediate effects whether you are the protected or restrained party. For more information about seeking an ex parte temporary restraining order in Oakland, get in touch with an experienced restraining order attorney who can explain how best to approach your case.
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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 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
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!