N
nototyranny
Guest
What is the name of your state? California
My husband has a restraining order (was temporary until his failure to appear - he turned himself in two days later), which was imposed by the D.A.'s office, after an incident at our house in March this year over a mutual male friend, which escalated to him yelling, and upon me locking him out of house, broke a window and pulled my DSL line from the box, which led to my calling the police (both matters, I must add, he has fulfilled his obligation and paid restitution) -
First question here what jurisdiction or right does DA have to file the RO against him, especially after the "Victim's Advocate", which in my opinion is a B.S.-funded position at the DA's office, tried to tell/convince me that "this incident had me scared and quite stressed" (not even close, her office on the other hand...........), to which I clearly replied and stated for the record, was not the case as my husband has never touched, threatened to or otherwise harmed my daughter or me - we're human, this was a relationship matter whereby emotions played a part, and that was that. I sent the judge a letter similar to this, but never heard back and since I was told my husband could "catch another case" if I showed to court (remember there's a RO in place ), I didn't show.
He failed to appear last week - follow-up, and turned himself in a few days later, only to be remanded until the sentencing this week.
Here's the crux of my problem and my question - After not hearing from him via the phone, I went to visit him at the County jail only to be met with "Big Brother", - who obviously knows what's good for me - remember they initiated the RO in the first place -, telling me I cannot see, write or talk to him (they, the County Sheriff, blocked him from calling OUR home number through Evercomm the carrier for all calls going out of this jail) !
I asked why and was again told - "He could catch another case if "they" found out", to which I replied "Who is "they" and who would tell "them", you?" and that was met with - "No, but if the DA's office reviewed the visit logs....." and again, I stated "If my husband is aware of the RISK involved with my visit, he has the right to refuse my vist, correct? They couldn't say anything and said firmly, "No" you may not see him, handed me my license, and shooed me away -
If I didn't know better that was a VIOLATION of my 1st Amendment to the Consititution of the US, Rights - Freedom of Speech - We are two well-minded, able-bodied, married individuals - who are they to tell me I can't see, talk to or write to, my own husband I Just want to see my husband - what's wrong with that and I know he wants to see me too - he called a mutual friend -
Also, going back to the second paragraph - if the original arrest was made due to my phone call that evening - doesn't the 6th Amendment say my husband "has the right to be confronted with the witnesses against him" - My Lord, I wasn't even allowed in the court room and I know the DA wasn't at my house that evening![/B]
He ended up pleading out his case - (the original in April) and sentenced to Dom. Violence classes, but point made - the DA's office never asked me about this incident- only the "Victim's Advocate", who in my opinion, is only ONE surface, frontline figure, and proponent of where this County stands on values - separation of Family, Father no longer allowed home to lead OUR home, with possible thought that the next step is "they'll separate", then Divorce, etc.etc. (hmmm.. more revenues to file papers, right???).
What should I do, aside from obtaining a phony id, and then once he's released moving to Nevada? Can I get the order removed? Can I sue the DA or Jail staff? What can I DO?????
Apologize for length, could go on much more, but any lawful feedback or remedy to my dilemma (my husband will have to deal with his not registering for classes and failure to appears as they find appropriate), especially if he's sentenced to 30 - 90 days, is appreciated!
NoToTyranny
My husband has a restraining order (was temporary until his failure to appear - he turned himself in two days later), which was imposed by the D.A.'s office, after an incident at our house in March this year over a mutual male friend, which escalated to him yelling, and upon me locking him out of house, broke a window and pulled my DSL line from the box, which led to my calling the police (both matters, I must add, he has fulfilled his obligation and paid restitution) -
First question here what jurisdiction or right does DA have to file the RO against him, especially after the "Victim's Advocate", which in my opinion is a B.S.-funded position at the DA's office, tried to tell/convince me that "this incident had me scared and quite stressed" (not even close, her office on the other hand...........), to which I clearly replied and stated for the record, was not the case as my husband has never touched, threatened to or otherwise harmed my daughter or me - we're human, this was a relationship matter whereby emotions played a part, and that was that. I sent the judge a letter similar to this, but never heard back and since I was told my husband could "catch another case" if I showed to court (remember there's a RO in place ), I didn't show.
He failed to appear last week - follow-up, and turned himself in a few days later, only to be remanded until the sentencing this week.
Here's the crux of my problem and my question - After not hearing from him via the phone, I went to visit him at the County jail only to be met with "Big Brother", - who obviously knows what's good for me - remember they initiated the RO in the first place -, telling me I cannot see, write or talk to him (they, the County Sheriff, blocked him from calling OUR home number through Evercomm the carrier for all calls going out of this jail) !
I asked why and was again told - "He could catch another case if "they" found out", to which I replied "Who is "they" and who would tell "them", you?" and that was met with - "No, but if the DA's office reviewed the visit logs....." and again, I stated "If my husband is aware of the RISK involved with my visit, he has the right to refuse my vist, correct? They couldn't say anything and said firmly, "No" you may not see him, handed me my license, and shooed me away -
If I didn't know better that was a VIOLATION of my 1st Amendment to the Consititution of the US, Rights - Freedom of Speech - We are two well-minded, able-bodied, married individuals - who are they to tell me I can't see, talk to or write to, my own husband I Just want to see my husband - what's wrong with that and I know he wants to see me too - he called a mutual friend -
Also, going back to the second paragraph - if the original arrest was made due to my phone call that evening - doesn't the 6th Amendment say my husband "has the right to be confronted with the witnesses against him" - My Lord, I wasn't even allowed in the court room and I know the DA wasn't at my house that evening![/B]
He ended up pleading out his case - (the original in April) and sentenced to Dom. Violence classes, but point made - the DA's office never asked me about this incident- only the "Victim's Advocate", who in my opinion, is only ONE surface, frontline figure, and proponent of where this County stands on values - separation of Family, Father no longer allowed home to lead OUR home, with possible thought that the next step is "they'll separate", then Divorce, etc.etc. (hmmm.. more revenues to file papers, right???).
What should I do, aside from obtaining a phony id, and then once he's released moving to Nevada? Can I get the order removed? Can I sue the DA or Jail staff? What can I DO?????
Apologize for length, could go on much more, but any lawful feedback or remedy to my dilemma (my husband will have to deal with his not registering for classes and failure to appears as they find appropriate), especially if he's sentenced to 30 - 90 days, is appreciated!
NoToTyranny
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