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.
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.
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.
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.
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.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
