Can I have a restraining order lifted?

[tammi_f73]

CA. My husband had a mental blackout and had an anger rage and threw things and shot his gun in the house. I got scared and called the police. They came and arrested him and took every single weapon from my house, including my sons samurai sword! Showed me a restraining order that the police filled out for me. Now my husband is not allowed in his own house until December! I have no way of contacting him. Can this order be lifted?

 

[Zigner]

Good Lawd - why would you WANT it to be lifted. You need this for your own safety as well as that of the child.

 

[justalayman]

What was he arrested for?

 

[Silverplum]

CA. My husband had a mental blackout and had an anger rage and threw things and shot his gun in the house. I got scared and called the police. They came and arrested him and took every single weapon from my house, including my sons samurai sword! Showed me a restraining order that the police filled out for me. Now my husband is not allowed in his own house until December! I have no way of contacting him. Can this order be lifted?

Please seek help: 1-800-799-7233. (National Domestic Violence Hotline)

 

[Zigner]

Please seek help: 1-800-799-7233.

The National Domestic Violence Hotline (just to be clear)

 

[Silverplum]

The National Domestic Violence Hotline (just to be clear)

I forgot.

Thank you!

 

[Zigner]

I forgot.

Thank you!

I just wanted to be sure nobody reported it because it's a phone number

 

[Ladyback1]

CA. My husband had a mental blackout and had an anger rage and threw things and shot his gun in the house. I got scared and called the police. They came and arrested him and took every single weapon from my house, including my sons samurai sword! Showed me a restraining order that the police filled out for me. Now my husband is not allowed in his own house until December! I have no way of contacting him. Can this order be lifted?

And that's what you should have done!

Frankly, until your husband figures out what caused this mental blackout, and takes measures to prevent it from happening again, he should not be allowed to be around the child. For that matter, he shouldn't be around you, either.

He SHOT A GUN in the home...you do realize that he could have killed the child, you, himself or someone else! He needs serious help. And sweetie? If you think you can "handle" his blackouts, his anger/rage, whatevers--you need help as well.

If this is the first time that anything like this has happened, look at it as an opportunity for your husband to get help. If it isn't the first time? Use this as an opportunity for you to make sure you and your child are SAFE.

You CANNOT love your husband enough to "fix" him. He has work to do.

 

[davew128]

and exactly why does your SON have a samurai sword?

 

[Just Blue]

CA. My husband had a mental blackout and had an anger rage and threw things and shot his gun in the house. I got scared and called the police. They came and arrested him and took every single weapon from my house, including my sons samurai sword! Showed me a restraining order that the police filled out for me. Now my husband is not allowed in his own house until December! I have no way of contacting him. Can this order be lifted?

How old is your son? Was he in the home?

(there is a good legal reason I am asking these questions. )

Blue

 

[CdwJava]

CA. My husband had a mental blackout

Perhaps you can explain what a "mental blackout" is?

and had an anger rage and threw things and shot his gun in the house.

Gee ... so, he put you and your son - and everyone outside - in danger. Great!

I got scared and called the police.

Anyone would have been terrified!

They came and arrested him and took every single weapon from my house, including my sons samurai sword!

The guns I can understand - and there is precedence under the law permitting, even requiring such a seizure if he is arrested for DV.

The sword, now there must be some reason for that ... or, no one objected.

Showed me a restraining order that the police filled out for me.

That's an Emergency Protective Order and is good only for 5 court days or 7 calendar days.

Now my husband is not allowed in his own house until December! I have no way of contacting him. Can this order be lifted?

Why December? Is that when the matter goes to trial?

A Criminal Protective Order (issued by the court at its own volition or the request of the DA) can be issued pending disposition of the case or after conviction, but I've never known one to be 6 months long, and they cannot simply be issued for a period of time like that.

And, no, the order cannot be lifted unless the court chooses to. You can ASK, but don't count on it. And if he violates the order he goes to jail whether you want him to or not. It is the only code section in CA state law that mandates an arrest when there is probable cause to make the arrest.