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Some advice please

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anxious2no

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

I am considered a victim of domestic violence, but was not abused. my significant other was charged with false imprisonment. He did not hurt me, I did not press any charges, it was just an arguement that just got out of hand. No physical abuse whatsoever. I want to know how to get the restraining order dropped that was put on against him by the court. I would rather do marriage and family counseling to work out our differences to keep my family together. He has never abused me or my children.What is the name of your state (only U.S. law)?
 


garrula lingua

Senior Member
You don't press charges, the State does. There had to be probable cause for the State to charge.

Was the RO issued by a Prosecutor as part of a sentencing/probation ??

The Judge who issued the order, can terminate it, if s/he believes it is appropriate (most won't remove it, as there had to be a basis for the issuance, and they don't want to be the one who endangered a victim).

Be careful, though. If you have the RO terminated or have him move back in with you, and you have children, CPS will usually move to have the children removed from your care (the assumption is that you are a poor supervisor for them & you are putting them in danger).
 
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anxious2no

Junior Member
The restraining order is that he can't see and talk to me, he can see and be around the kids 24/7 without limitations.
 

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