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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





Ex Parte Temporary Restraining Orders in Oakland

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.

The Purpose of an Ex Parte Restraining Order

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.

When Are One-Sided Restraining Orders Granted?

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.

How Long Do Temporary Orders Last?

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.

Seek Counsel About Short-Term Restraining Orders in Oakland

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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