Lifting a Restraining Order

[Babyblue0336]

What is the name of your state? CA

I am interested in learning the necessary steps to follow in order to have Protective and Restraining Orders lifted (for both the victim and the restrained person). Here are a few details, I'm not sure if they effect things. First, the order was placed by an officer, and not signed or requested by the victimized party. Second, the restrained person is currently jailed on various charges, serving 270 days. If responding, can you also answer a few specific questions I have?:

Can visitation from the victim result in penalties for the restrained?

Is it necessary to wait until the restrained is realeaesed from jail?

Thanks!

 

[calatty]

If you mean that your boyfriend is doing time for domestic violence against you, and the court has ordered him to have no contact with you, the answer is you will cause him to violate the restraining order and incur additional penalties by visiting him. If the court imposes a restraining order, you cannot have it lifted. It means that the state believes you need to be protected against his violence even though you don't care enough about yourself to protect yourself or you are too foolish to understand that no matter how much he says he has changed, he will do it again.

 

[Babyblue0336]

Apparently, you have already decided that you know the details of the situation that I was refering to. Instead of assuming or judging, you should ask if you are unclear of details.

Besides, your information was useless, unintelligient, and poorly considered. I hope you do not assume that change and growth soes not occur throughout life. It may be wise for you to think more in depth about things before spouting the first reply you have.

The Legal system is beautiful because it recognizes that there is more than one side to every story.

But I digress. You should read the question again. If you have a answer that is accurate and relative to the actual question asked, feel free. Until then, try educating yourself before you give people false info. Help someone who is just looking for an answer. And if you don't have one, don't waste their time.

 

[calatty]

No, I said IF that is what you mean. You did not give enough details to get a more intelligent answer. And you still haven't given more facts, which just confirms I made the correct assumption. You are free to delude yourself that he has changed and "grown," just like other victims of domestic violence who end up maimed and dead. I have had many clients who grew and changed. One went to jail for slapping and pushing his girlfriend. After she went back to him, he took out a piece of her skull with a frying pan and is doing 13 years. She is brain damaged. Another one grew from slapping his wife to sticking a knife in her stomach and is doing 18 years for attempted murder. She has permanent stomach damage. Another grew from a batterer to a murderer. He shot his girlfriend while she was cooking dinner for their children. She is dead, he is doing life. People like you are good for my business. I am looking forward to representing your boyfriend. The court knows all about change and growth. That is why it put a restraining order in place and won't lift it. Don't say you weren't warned.