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How can I have a Stay Away Order lifted/dismissed

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Lone Lyoness

Junior Member
What is the name of your state (only U.S. law)? California

My husband was arrested for Domestic Violence three weeks ago and goes to court in mid-june for sentencing. He has to attend anger mgmt/domestic violence classes and AA. He is living in a sober living facility now and being tossed around from home to home. He has no money no job now and it is a financial hardship for me to support our business etc. What is the process to have the stay away order lifted?
 


CdwJava

Senior Member
You will need to either pay for an attorney to help you, or, you can contact the curt and find out how to get the issue before the court in an attempt to get the order lifted (not likely) or modified to a peaceful contact order (more likely).
 

Lone Lyoness

Junior Member
Peaceful Contact Order

What is a peaceful contact order and how do I personally get the request in front of a judge his next court hearing to sentence him is Jume 18.
 

CdwJava

Senior Member
What is a peaceful contact order and how do I personally get the request in front of a judge his next court hearing to sentence him is Jume 18.
In the case of a criminal conviction, the order would be a criminal protective order issued by the court because of the criminal charges. A so-called peaceful contact order is one that does not have a stay away order (i.e. no conditions that say the restrained party must stay away) but does prohibit the restrained party from harassing, attacking, etc. the protected party.

You can speak to the DA and ask to have the CPO limited to peaceful contact, or ask how you can make that plea to the court if he or she will not. You might also consider speaking to HIS attorney and asking about this.
 

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