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Help on dropping a mandatory protective order and recanting a statement

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littlelolo

Junior Member
What is the name of your state (only U.S. law)? colorado
So in this situation I am the "victim". I have 2 things I need legal advice on.
My bf is facing 2nd degree assault charges from domestic violence. The police got involved a month after the alleged incident and it was regarding something completely different. I did not want to give a statement regarding the domestic violence or press charges for multiple reasons. The officer told me that I didn't have to and I was under the impression by the officer that nothing would come of it. I was sort of hazy about that night anyway and I gave a very brief summary of what I remembered... however I refused to make a written statement and havent to this day... most was the officer asking questions and me giving vague answers. I was then told that the state would be pressing charges. We thought nothing was going to happen until there was a warrant issued. My bf requested the report and I read the report. A lot of what is on the report seems exaggerated by the officer (I say officer because I know I didn't say some of the stuff on there). One of the big things on the charge says I was pregnant when the incident happened. I WAS NOT pregnant, I mentioned I thought I was pregnant but wasn't sure (and it turns out I wasn't in fact pregnant). My question about that is this: how do I go about correcting this? I read about recanting a statement however I don't know how to go about doing this but also I didn't lie... the info was exaggerated by the officer. That is my first question.
My bf turned himself in and went to court. The DA contacted me and I requested not only as low/ cheap as possible bail but I also stated I didn't want a protective order because I felt in no way in danger. There was a mandatory one put in place anyway. I was living with my bf at his parents house at the time, being 100% financially supported, being given transportation, fed, etc so with this protective order I am in a horrible situation. The DA was made aware of how dire it is that this be dropped as soon as possible but the court date is 2 mo out. I submitted a motion to drop the protective order but now I am trying to get the court date scheduled sooner. My next question is actually a few: 1. How do I get the protective order dropped sooner 2. How do I get the court date rescheduled sooner/ get the judge to review my motion 3. Even with the motion being filed and court date moved up is there anything I can do to assure it is dropped 4. How likely with this info is it that I get this protective order dropped?
Please help as I am desperate to be able to go back home, see my bf and continue with my life. Thank you.
 


STEPHAN

Senior Member
What happened once is very likely to happen again.

Don’t make the wrong choices, just because life seems so comfortable …
 
Last edited:

littlelolo

Junior Member
I appreciate the concern, however it was just a verbal argument. Nothing more. My family members made an assumption of what they thought happened (they were asleep). The assumption by all is the injury was caused by my bf, not by accident. Since an arguement was occuring when the injury happened, the general assumption was I was lying to cover for him... which is false. This is why I am trying to rectify this and get everything dismissed.
 

cbg

I'm a Northern Girl
Courts are very accustomed to victims recanting and are not overly inclined to take notice of it.
 

Zigner

Senior Member, Non-Attorney
I appreciate the concern, however it was just a verbal argument. Nothing more. My family members made an assumption of what they thought happened (they were asleep). The assumption by all is the injury was caused by my bf, not by accident. Since an arguement was occuring when the injury happened, the general assumption was I was lying to cover for him... which is false. This is why I am trying to rectify this and get everything dismissed.
Are you trying to say that you were arguing and you...fell down?
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? colorado
So in this situation I am the "victim". I have 2 things I need legal advice on.
My bf is facing 2nd degree assault charges from domestic violence. The police got involved a month after the alleged incident and it was regarding something completely different. I did not want to give a statement regarding the domestic violence or press charges for multiple reasons. The officer told me that I didn't have to and I was under the impression by the officer that nothing would come of it. I was sort of hazy about that night anyway and I gave a very brief summary of what I remembered... however I refused to make a written statement and havent to this day... most was the officer asking questions and me giving vague answers. I was then told that the state would be pressing charges. We thought nothing was going to happen until there was a warrant issued. My bf requested the report and I read the report. A lot of what is on the report seems exaggerated by the officer (I say officer because I know I didn't say some of the stuff on there). One of the big things on the charge says I was pregnant when the incident happened. I WAS NOT pregnant, I mentioned I thought I was pregnant but wasn't sure (and it turns out I wasn't in fact pregnant). My question about that is this: how do I go about correcting this? I read about recanting a statement however I don't know how to go about doing this but also I didn't lie... the info was exaggerated by the officer. That is my first question.
My bf turned himself in and went to court. The DA contacted me and I requested not only as low/ cheap as possible bail but I also stated I didn't want a protective order because I felt in no way in danger. There was a mandatory one put in place anyway. I was living with my bf at his parents house at the time, being 100% financially supported, being given transportation, fed, etc so with this protective order I am in a horrible situation. The DA was made aware of how dire it is that this be dropped as soon as possible but the court date is 2 mo out. I submitted a motion to drop the protective order but now I am trying to get the court date scheduled sooner. My next question is actually a few: 1. How do I get the protective order dropped sooner 2. How do I get the court date rescheduled sooner/ get the judge to review my motion 3. Even with the motion being filed and court date moved up is there anything I can do to assure it is dropped 4. How likely with this info is it that I get this protective order dropped?
Please help as I am desperate to be able to go back home, see my bf and continue with my life. Thank you.
I appreciate the concern, however it was just a verbal argument. Nothing more. My family members made an assumption of what they thought happened (they were asleep). The assumption by all is the injury was caused by my bf, not by accident. Since an arguement was occuring when the injury happened, the general assumption was I was lying to cover for him... which is false. This is why I am trying to rectify this and get everything dismissed.
You mean, HIS family members thought he was whomping on you and called the police.

The others are correct. It's time for you to get a job and your own place.
 

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