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    Know and Protect Your Rights in a Criminal Defense Matter

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      Know and Protect Your Rights in a Criminal Defense Matter

          Impacts of Restraining Orders on Oakland Criminal Cases

          If you are under a restraining order and also facing domestic violence charges, you should contact an experienced criminal defense attorney. Since these are hearings where evidence can be introduced against you, it is critical to have a skilled defense attorney on your side to mitigate the negative outcomes. The impacts of restraining orders on Oakland criminal cases can be substantial.

          There may be certain facts you do not want to disclose because of the repercussions to your criminal case, or because what you are saying could be used against you in their criminal case. Additionally, the protected party, the person seeking the restraining order, is also likely making statements in open court. It would be under oath and to the judge, and that may be helpful information for you to have as you are fighting your criminal case for domestic violence charges.

          Procedures During Criminal Cases

          A restraining order does not have a direct impact on how a criminal case proceeds, but information may be shared that could be helpful or hurtful to a restrained party or someone who may become restrained. In Oakland, a person may be facing both a restraining order and criminal charges based on the same incident or series of incidents, so discovery and other evidence that may be relevant to one proceeding are also relevant to the other.

          A restrained party will be under oath during a restraining order hearing, as is the protected party. They may learn helpful things through this hearing, or they may disclose some information that could hurt them and their criminal case. Either way, anything that the two parties say to the judge in open court—as well as any witnesses or evidence that they present—is then available to the other party, which means it is accessible to the district attorney as well.

          Ex Parte Restraining Orders and Criminal Cases

          An ex parte restraining order can impact somebody’s criminal case, as there are written filings exchanged while the order is in place. For instance, the protected party may have told one story to the police, but then there may be variation in what they wrote in their ex parte restraining order request. That written filing could perhaps be to the defendant’s advantage or provide more information to them and their attorney in their criminal case.

          The ex parte restraining order itself does not necessarily have an impact on their criminal case, but just like with a restraining order, there may be some information sharing between their criminal case and their restraining order that could be helpful or hurtful to them in either charge. However, an ex parte restraining order follows a different standard of evidence, so just because a protected party has had a restraining order granted does not mean they are guilty in criminal court.

          Could an Extension of an Ex Parte Order Affect a Criminal Case?

          An extension of the ex parte order does not necessarily affect somebody’s criminal case, although it may impact negotiations. It may delay the attorney’s ability to see how the opposing party testifies, whether they appear credible, or if there are statements made that can be impeached.

          For example, perhaps a defendant’s attorney wants to hear the testimony or see how the protective person shares their story with the court. If the ex parte order is continued and the full hearing is delayed, they are not going to have that opportunity, which they might want to see before recommending whether a plea or trial is advisable on the criminal side.

          An Attorney Could Explain How a Restraining Order Could Impact Your Oakland Criminal Case

          If you are facing charges for domestic violence or another crime while under a restraining order, you may want to have an attorney who could protect you from inadvertently hurting your case and help you collect evidence from the protected party that may be helpful in resolving your criminal matter. Call today to speak with an attorney who is knowledgeable about the impacts of restraining orders in Oakland criminal cases to make sure you are protected.

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