Former Alameda County Supervisor Nadia Lockyer's temporary restraining order against her former extramarital lover expired Thursday without a fight from her lawyer, who says Lockyer will probably remain in residential drug treatment in Orange County until early February.
Lockyer, 41, the estranged wife of state Treasurer Bill Lockyer, first sought a court order to keep Stephen Chikhani away from her and her family in May, a few weeks after she resigned her supervisorial seat.
Earlier this year, Lockyer had claimed Chikhani attacked her Feb. 3 in a Newark hotel room, but the state Justice Department investigated and declined to charge him with any crime. Chikhani, 36, of San Jose, has denied stalking, bothering or wanting anything more to do with Lockyer, though he has made inquiries about selling sex tapes he made with her.
The order was modified and reissued in August, a few weeks before she was arrested in Orange County on felony methamphetamine and misdemeanor child-abuse and endangerment charges. A pretrial hearing is scheduled for March 5.
Mark Ressa, Lockyer's civil attorney, said an Alameda County Superior Court judge on Thursday decided there's no point in extending the temporary restraining order if Lockyer isn't in town and doesn't intend to seek further extensions when she returns. She could always file for a new order if necessary, he noted.
"Hopefully she's moving on with her life and Steve is moving on with his and we can put this matter behind us," Ressa said. "Nadia will ultimately make that choice; we'll see what happens."
Lockyer went into National Therapeutic Services' residential drug-treatment program in Newport Beach on Aug. 31, Ressa said. He talked with program administrators this week, and they said they expect she'll stay for the usual 180 days, meaning she'll get out in early February.
Police went to the home where Lockyer and her 9-year-old son, Diego, were staying on Aug. 28 after a caller tipped them that she might have drugs there, prosecutors said in September. Officers found a tube of aluminum foil with a burned end, and when they met Lockyer later that day she showed signs of being under the influence of drugs.
She was arrested and charged with felony methamphetamine possession and three misdemeanors: being under the influence of a controlled substance, possession of drug paraphernalia, and child abuse and endangerment.
Bill Lockyer, 71, filed for divorce in July, citing "irreconcilable differences" and seeking joint physical and legal custody of their son. After Nadia Lockyer's arrest, a judge ruled she could see their son but only under her estranged husband's supervision. The boy is living with his father in Hayward while his mother undergoes treatment.