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Stay-away order advice

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hotwheels4

Junior Member
Help please! Long question but I didn't want to miss details. I was pretty trashed a couple of nights ago and while I was walking on the street with my boyfriend and friends I started an argument with him and then started to hit and kick him. He pushed me away and I fell on the ground.

Here is where the problem started, the cops saw him push me as they were driving by and immediately pulled over. Arrested him on the spot, when I tried telling them that it was my fault they wouldn't listen. Side note, I'm a white girl and he is a mexican and the cops where all white guys; only saying that bc I feel that race played a part here. Anyway long story short, even though I wasn't pressing charges, due to the cops playing witness and seeing him use "deadly force" on me he was found guilty and has a stay away order placed on him. He can't come within 100 yards of me.

I feel like a total bitch bc at the time I didn't know that I did anything, but after he was taken away my best friend told me that I was the one that started hitting him but she didnt say anything to the cops bc they didn't want me getting arrested. Now I have a boyfriend that I love and we can't see each other.

Is there anyway that the cops can come knock down my door and search my place if they think my boyfriend is inside with me? Not based on loud noises or if they think I am in danger, just simply coming by my place randomly and wanting to search.

Main question, what are the chances of me getting the stay away order removed? Thanks in advance, I am heartbroken over here bc I feel that I have just ruined his life. He has never gotten in trouble before.
 


Just Blue

Senior Member
Help please! Long question but I didn't want to miss details. I was pretty trashed a couple of nights ago and while I was walking on the street with my boyfriend and friends I started an argument with him and then started to hit and kick him. He pushed me away and I fell on the ground.

Here is where the problem started, the cops saw him push me as they were driving by and immediately pulled over. Arrested him on the spot, when I tried telling them that it was my fault they wouldn't listen. Side note, I'm a white girl and he is a mexican and the cops where all white guys; only saying that bc I feel that race played a part here. Anyway long story short, even though I wasn't pressing charges, due to the cops playing witness and seeing him use "deadly force" on me he was found guilty and has a stay away order placed on him. He can't come within 100 yards of me.

I feel like a total bitch bc at the time I didn't know that I did anything, but after he was taken away my best friend told me that I was the one that started hitting him but she didnt say anything to the cops bc they didn't want me getting arrested. Now I have a boyfriend that I love and we can't see each other.

Is there anyway that the cops can come knock down my door and search my place if they think my boyfriend is inside with me? Not based on loud noises or if they think I am in danger, just simply coming by my place randomly and wanting to search.

Main question, what are the chances of me getting the stay away order removed? Thanks in advance, I am heartbroken over here bc I feel that I have just ruined his life. He has never gotten in trouble before.

U.S. Law Only.
 

CdwJava

Senior Member
the cops saw him push me as they were driving by and immediately pulled over. Arrested him on the spot, when I tried telling them that it was my fault they wouldn't listen.
They witnessed his assault on you. They can act on that without your corroboration.

Side note, I'm a white girl and he is a mexican and the cops where all white guys; only saying that bc I feel that race played a part here.
Entirely irrelevant unless you can somehow show that the ONLY reason he was arrested was because of his race. Given what you have said, the race card will not be an issue so you might as well shuffle it back into the deck.

Anyway long story short, even though I wasn't pressing charges, due to the cops playing witness and seeing him use "deadly force" on me he was found guilty and has a stay away order placed on him. He can't come within 100 yards of me.
I doubt the term or charge had to do with "deadly" force, unless it was an offense like that in CA where we have a charge for assault with a deadly weapon that also includes an assault with force likely to cause great bodily injury. No matter, it appears he was found guilty at trial - or by plea - and a protective order was put in place.

Is there anyway that the cops can come knock down my door and search my place if they think my boyfriend is inside with me? Not based on loud noises or if they think I am in danger, just simply coming by my place randomly and wanting to search.
If they KNOW he is inside, they might be able to come inside and get him for violating the court order. A lot depends on the laws in your unnamed state and the nature of his probation or parole (if any).

You understand that his merely being in your presence can result in his going to jail, right? Even if you let him in, if they even get an eyewitness account of his being there he goes to jail. In my state this is generally a SHALL arrest offense and not one that the police would get much discretion on. Your state might be different.

Main question, what are the chances of me getting the stay away order removed?
I don't know. It depends on the laws in your unnamed state. Typically, it would involve going back before a judge and convincing him that he poses no threat to you. In my experience, this is rarely successful.
 

hotwheels4

Junior Member
thanks for your input Sarge! You can especially help me out because I am in San Jose, California.

Another question, can the cops come by and tell all my neighbors about my boyfriend and that he has a stay away order?

I'm really happy that someone with your expertise is responding :)
 

CdwJava

Senior Member
thanks for your input Sarge! You can especially help me out because I am in San Jose, California.
I know it well.

Another question, can the cops come by and tell all my neighbors about my boyfriend and that he has a stay away order?
Yes, they can. That doesn't mean they will bother to do so, but they can if they have the time and the inclination.

So, what crime was he convicted of? If the term "deadly weapon" was in the shorthand for the offense, I imagine he was convicted of PC 245(a)(1)? Otherwise, was it PC 243(e)(1) or PC 273.5(a)?
 

hotwheels4

Junior Member
When I said "deadly" I was being sarcastic as to the level the cops were taking it to. They were trying to get him on Felony Domestic Violence, i don't remember the technical term. He took a plea bargain of Misd Battery...only bc he doesnt know anyone here and didn't want to involve his family with it. :(
 

CdwJava

Senior Member
When I said "deadly" I was being sarcastic as to the level the cops were taking it to. They were trying to get him on Felony Domestic Violence, i don't remember the technical term. He took a plea bargain of Misd Battery...only bc he doesnt know anyone here and didn't want to involve his family with it. :(
If there is injury, he could have been charged with PC 273.5(a) which is domestic battery with corporal injury. As it is, he likely pled guilty to misdemeanor domestic battery per PC 243(e)(1).

It will not be easy to get the criminal protective order lifted. But, the Santa Clara County Superior Court is one of those rare courts that address this on their website. if you copy and paste the link below, you can get more information on how to apply to get a judge to modify the order:

http://www.scselfservice.org/ro/criminal_po.htm#change
 

hotwheels4

Junior Member
Thanks a bunch! SO Santa Clara can see this even if the incident happened and the arresting, courts etc were in a different county?
 

CdwJava

Senior Member
Thanks a bunch! SO Santa Clara can see this even if the incident happened and the arresting, courts etc were in a different county?
You said this was in San Jose. San Jose is in Santa Clara County.

If it happened in another county, you'd have to check with their courts or hire an attorney to find out how to go before a court and ask they drop or modify the CPO.
 

Zigner

Senior Member, Non-Attorney
You said this was in San Jose. San Jose is in Santa Clara County.

If it happened in another county, you'd have to check with their courts or hire an attorney to find out how to go before a court and ask they drop or modify the CPO.
Carl, she said SHE was in San Jose - not the incident ;)
 

CdwJava

Senior Member
Carl, she said SHE was in San Jose - not the incident ;)
One would presume that the parties live in the same place. It is reasonable to assume that when the OP says they live in San Jose that the incident took place in San Jose considering the OP stated they were trashed and walking down the street ... seems to intimate being close to home.

If not in San Jose, then obviously adhering to Santa Clara County's process would not apply.
 

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