Expunging a DV charge

[ConstructionD]

I had a DV charge two years ago when my girlfriend at the time who turned out to be seriously bipolar beat the crap out of me and called the cops. This happened in CO and I am now back home in NH...I plead no contest at the time. I am looking to purchase a home defense firearm (live in the middle of nowhere). I don't like my girlfriend being home alone without a form of defense (different girl). what do I have to do in order to expunge my case? Will this allow me to purchase a firearm? Since it is a Colorado charge does it carry over into NH?

thank you for the help

 

[ErinGoBragh]

I had a DV charge two years ago when my girlfriend at the time who turned out to be seriously bipolar beat the crap out of me and called the cops. This happened in CO and I am now back home in NH...I plead no contest at the time. I am looking to purchase a home defense firearm (live in the middle of nowhere). I don't like my girlfriend being home alone without a form of defense (different girl). what do I have to do in order to expunge my case? Will this allow me to purchase a firearm? Since it is a Colorado charge does it carry over into NH?

thank you for the help

They will hold the charge from CO against you in NH if you attempt to buy a firearm. Instant background checks are a very serious thing with firearms. You may not be able to get your case expunged at this time, and if you do, expect to have to travel back to CO and pay an attorney thousands to do so- expungement is something you really need an attorney for. But 2 years is pretty recent. Judges usually like to see you stay out of trouble for at least 5 before considering expungement. If you do somehow manage to get your record expunged, at that point you CAN buy a firearm in NH. But I don't think expungement is going to be so easy, even though you pled no contest.

 

[cyjeff]

Most jurisdictions do not allow the expungement of violent or domestic charges.

 

[LdiJ]

I had a DV charge two years ago when my girlfriend at the time who turned out to be seriously bipolar beat the crap out of me and called the cops. This happened in CO and I am now back home in NH...I plead no contest at the time. I am looking to purchase a home defense firearm (live in the middle of nowhere). I don't like my girlfriend being home alone without a form of defense (different girl). what do I have to do in order to expunge my case? Will this allow me to purchase a firearm? Since it is a Colorado charge does it carry over into NH?

thank you for the help

Find a different form of defense for your girlfriend...and perhaps really good security.

 

[romance1600]

Most jurisdictions do not allow the expungement of violent or domestic charges.

Correct. Most states consider DV cases to be civil, not criminal. And in most states, there is no way to expunge something civil. Sort of a shame, because victims of FALSE DV cases that have been dismissed, still face a stigma all through the years. An interesting DV case can be briefly heard here..

http://www.youtube.com/watch?v=x7YM0PFAiqc[/url

 

[cyjeff]

Correct. Most states consider DV cases to be civil, not criminal. And in most states, there is no way to expunge something civil. Sort of a shame, because victims of FALSE DV cases that have been dismissed, still face a stigma all through the years. An interesting DV case can be briefly heard here..

YouTube - Roxie Kate Allison Plaintiff in Domestic Violence Cases

That is incorrect.

Domestic Violence is most certainly a criminal charge.

 

[CdwJava]

Correct. Most states consider DV cases to be civil, not criminal. And in most states, there is no way to expunge something civil.

What?!?

That is sooooo not correct!

Now, there can be a civil/family law side to domestic matters, but these are handled with restraining orders, custody and visitation orders, divorce decrees, etc. But, domestic VIOLENCE is generally criminal in nature and treated as such.

 

[cyjeff]

What?!?

That is sooooo not correct!

Now, there can be a civil/family law side to domestic matters, but these are handled with restraining orders, custody and visitation orders, divorce decrees, etc. But, domestic VIOLENCE is generally criminal in nature and treated as such.

But Carl... he saw it on YouTube!!!

 

[Isis1]

Correct. Most states consider DV cases to be civil, not criminal. And in most states, there is no way to expunge something civil. Sort of a shame, because victims of FALSE DV cases that have been dismissed, still face a stigma all through the years. An interesting DV case can be briefly heard here..

YouTube - Roxie Kate Allison Plaintiff in Domestic Violence Cases

civil case my rear end!! it's a CRIMINAL case!

good god man! are you out of your mind??

now i'm starting to wonder if those charges aren't false.

 

[romance1600]

I am referring specifically to Maryland's Ex Parte' Petitions. (TPO aka Temporary Protective Orders).

THose are heard in CIVIL court in the state of Maryland. NOT criminal court.

Petitioner obtains an Ex Parte' Protective Order from a magistrate or judge. The Ex Parte is considered a "DV" case in the state of Maryland. The case even gets a "red jacket" which is the label for DV cases.

7 days later an emergency hearing is held where the petitioner (and defendant) appear in front of a judge where the petitioner has to prove what was stated in the petition. If the petitioner does not prove his/her allegations contained in the petition, then the case is dismissed.

BUT...an online judicial case search still shows the Defendant as having been a "defendant" in a domestic violence case in public court records. And since it's a civil matter, there is NO expungement process available. He/she is FOREVER..listed as a Defendant in a Domestic Violence case.

This link explains that the Ex Parte is part of Marylands Domestic Violence laws:

http://www.mnadv.org/dv_laws.html

Domestic Violence - Temporary Ex Parte and Ex Parte Order - Provides a slight extension in the number of days allowed to serve the Civil Order of Protection and continue the coverage provided by an ex part

 

[cyjeff]

I am referring specifically to Maryland's Ex Parte' Petitions. (TPO aka Temporary Protective Orders).

Where, exactly, is a TPO talked about here?

THose are heard in CIVIL court in the state of Maryland. NOT criminal court.

Petitioner obtains an Ex Parte' Protective Order from a magistrate or judge. The Ex Parte is considered a "DV" case in the state of Maryland. The case even gets a "red jacket" which is the label for DV cases.

Yes, but it is significantly different from a DV charge itself. While TPO's aren't uncommon in ANY jurisdiction to attempt to keep the attacker and victim apart, that doesn't make a DV charge civil.

7 days later an emergency hearing is held where the petitioner (and defendant) appear in front of a judge where the petitioner has to prove what was stated in the petition. If the petitioner does not prove his/her allegations contained in the petition, then the case is dismissed.

You are still talking about a TPO.

When are you going to understand there is a difference?

B

UT...an online judicial case search still shows the Defendant as having been a "defendant" in a domestic violence case in public court records. And since it's a civil matter, there is NO expungement process available. He/she is FOREVER..listed as a Defendant in a Domestic Violence case.

Okay, still different from a DV CRIMINAL charge.

This link explains that the Ex Parte is part of Marylands Domestic Violence laws:

Maryland Network Against Domestic Violence (MNADV)


Domestic Violence - Temporary Ex Parte and Ex Parte Order - Provides a slight extension in the number of days allowed to serve the Civil Order of Protection and continue the coverage provided by an ex part

Do you read what you post?

Have you figured out yet that there is a difference between a criminal charge of DV and the TPO which may be ordered?

If you don't understand the question, you really shouldn't post.

You will end up confusing the issue by saying things like "DV charges are civil".

 

[romance1600]

civil case my rear end!! it's a CRIMINAL case!

good god man! are you out of your mind??

now i'm starting to wonder if those charges aren't false.

Hey, who knows. Those charges could be false. But on the courts records listed on the site, there were 5 DV cases, and all 5 were dismissed. And there was a sanctions motions against the petitioner and that motion was granted. All of that rarely (if ever) happens when there is true domestic violence.

 

[Just Blue]

Hey, who knows. Those charges could be false. But on the courts records listed on the site, there were 5 DV cases, and all 5 were dismissed. And there was a sanctions motions against the petitioner and that motion was granted. All of that rarely (if ever) happens when there is true domestic violence.

Did you bother to read the OP? ;

I plead no contest at the time

DV is NEVER civil. It is criminal. Always.

 

[romance1600]

Where, exactly, is a TPO talked about here?



Yes, but it is significantly different from a DV charge itself. While TPO's aren't uncommon in ANY jurisdiction to attempt to keep the attacker and victim apart, that doesn't make a DV charge civil.



You are still talking about a TPO.

When are you going to understand there is a difference?

B

Okay, still different from a DV CRIMINAL charge.



Do you read what you post?

Have you figured out yet that there is a difference between a criminal charge of DV and the TPO which may be ordered?

If you don't understand the question, you really shouldn't post.

You will end up confusing the issue by saying things like "DV charges are civil".

I realize it's par for the course on this board for anyone answering a question, to include some form of sarcasm or put down ala 98% of OhioGal's responses. Not saying the responses dont include good info, but the sarcasm and put downs really dont help anyone, but perhaps make the person using the sarcasm and put downs feel better about themselves.

If the person is confused, and if THEY cant tell the difference between a criminal charge and a civil case, they REALLY need to get a lawyer to represent them.

If anyone is still confused?

In Maryland: An Ex Parte' petition is a CIVIL case heard in CIVIL court. If it contains allegations of any form of abuse or violence (which is often the case) it IS treated as a Domestic Violence Case including a red jacket. The defendant WILL have his/her name listed in public records as having been accused of Domestic Violence, and the defendant can NOT..have that removed/expunged no matter how innocent the defendant is.

That is simply..a fact.

(all sarcasm or put downs...left out)

 

[romance1600]

DV is NEVER civil. It is criminal. Always.

This is simply..not a true statement. If it's an actual charge..as in police arrest for domestic battery/assault? Yes. thats a CRIMINAL case. And that states rules for expungement apply.

However...In Maryland(and probably other states), if it's a Ex Parte' petition and the petition contains allegations of abuse, threats, or violence of a domestic nature? That IS considered Domestic Violence under the state's Domestic Violence statutes. And in THAT situation..it IS..CIVIL. There is NO criminal aspect to it at all.

And there is NO..expungement. EVER.

Are you not comprehending? (c)OhioGal

(sorry...had to throw that last line in there....it's expected on these forums. )