need help getting restraining order removed

[stupidman84]

What is the name of your state?california.


Hi my name is Addam. On June 11, 2005 i went to jail for domestic violence, my girlfriend then ask for the 5 day protective order. On June 14, 2005 in was released on O.R. @ that time the judge placed a protective order with no date stated, which means the order will last for three years and set my next court date for July 11, 2005. My girlfriend feels that she is losing everything because we have just lost our home, having a hard time taking care of our 11 month old son and she is having a real hard time dealing with this protective order between us and wants to have it [U]Remove or Lifted[/U]. In the county that we live in ( Amador) there is what they call victim witness talking with her. She has told Victim Witness she does not want the order and asked if there is a way to get the order remove but they tell her to keep the order.The both of us dont know where to start or even how to go about this without violating the order, so if anyone can put a little light on this please write me back a.s.a.p. i will be very thankful.

[CdwJava]

No judge is likely to lift the order prior to the July 11th hearing. At that time she can have her say. If she has an attorney she might be able to go before a judge to get it lifted, but even this is questionable.

It is also likely that upon conviction there will either be a criminal protective order preventing your contact from her entirely, or, it may simply be an order to maintain peaceful contact only.

These orders are meant to be difficult to remove early on precisely because more than 3/4 of DV victims recant or change their minds. So, the state tries to take the prosecution and time element out of the victim's hands.

- Carl

[garrula lingua]

If the Judge issued the Protective Order & OR'd you, be careful.

Do NOT have any contact with your girlfriend, either directly, or thru third parties (except your attorney), until the Order is modified.

If you violate that Protective Order, and the Judge is informed, you will be remanded on July 11th. Follow the Court's orders instead of trying to get around them.

[joinmelove]

I believe the first thing you should consider is help and counceling for both of you. She shouldnt lift a restraining order just for the sake of she is losing everything. She shouldn't allow you to come back home for the sake of paying bills. You shouldn't have the permission to abuse her because she need you for paying bills. Look at the big picture, her health is more important than having a nice house to live in. Restraining orders are put in place for a reason. You didn't say that is was a case of a misunderstanding on the police's part. So I have to assume that it was literally Domestic Abuse. Get help first, learn to keep your hands to yourself.

[ronald33]

You know,I can sympathize with this gentleman.

The situation with,for example,David Letterman (and others) proves what a stupid,
"rubber-stamp" process this is....which often leads to "railroading" of people.

There needs to be major reforms re:this legal process:

Though an original (emergency) 10-day order could remain unchanged,
the so-called "TRO" hearing must have a "Civil" Defender (an attorney for
the defense) added. Thus making it MUCH harder for so-called "railroading"
of defendants to occur.

Also,such situations go from being a "civil" matter,if broken,directly into
being a felony offense. This is not logical,as it skips the misdemeanor
phase.

More reform is necessary,that's for sure!

[Shay-Pari'e]

[quote=ronald33;1538979]You know,I can sympathize with this gentleman.

The situation with,for example,David Letterman (and others) proves what a stupid,
"rubber-stamp" process this is....which often leads to "railroading" of people.

There needs to be major reforms re:this legal process:

Though an original (emergency) 10-day order could remain unchanged,
the so-called "TRO" hearing must have a "Civil" Defender (an attorney for
the defense) added. Thus making it MUCH harder for so-called "railroading"
of defendants to occur.

Also,such situations go from being a "civil" matter,if broken,directly into
being a felony offense. This is not logical,as it skips the misdemeanor
phase.

More reform is necessary,that's for sure!

Whats for sure is that this thread is a year and a half old!