CHRO vrs DVRO

[speedallurement]

What is the name of your state? California.

I was wondering that the difference was between a civil harrassment restraining order and a domestic violence restraining order,?

As im aware they are civil litigations that dont show up on criminal record searches?

I was wondering couse i saw a post by blissfulmommy that got a domestic violence restraining order on her ex, she said it expired but its still prevention him from owning a gun, going into the military and police? I was wondering if she charged him with domestic violence also, and was wondering if that was the reason for interfering with employment?

All in all i dont see how a restraining order by itself can interupt someones employment when the petitioner can so easily lie on it to get a restrainng order. Its not a conviction of the accusations the petitioner is accusing him of. Ive talked to a attorney that say a restraining order is just to tell somone what they can and cant do.He also said that theirs no legalities unless u violate the order.Then u are charged with a crime, but im usure of what a restraining order by itself is?

Just from experience a nieghbor got a restraining order on me, but i fought it saying that she lied ect, the judged even warned her about the penalty of perjury 3 times, In conclusion the judged said that he sided with the defendent being that he believe the defendent had a defense for all her accusations and he also said that she made exagerations to justify her paranoia ( he used my words on my declaration) but still granted the restraining order being that i didnt have a problem with it, ( it was just gonna be no contact orders, i believe i won the case couse she was asking for 100 yd stay away orders)

i was wondering if this injunction was gonna interfer with me going into the police , military ect?, If it will interfer with my chosen career path i believe my civil rights are violated and will seek a motion to appeal.

 

[its_kathie]

Ive talked to a attorney that say a restraining order is just to tell someone what they can and cant do.He also said that theirs no legalities unless u violate the order.Then u are charged with a crime, but I'm usure of what a restraining order by itself is?

There is not "just" in a RO. It's a serious matter. If convicted, uncertain conditions, the Lautenberg Act kicks in. No weapons period, ever. Those conditions are within the DV area. If you want to go into the military or police, appeal this. However for an appeal you have to show a breech in law that would have effected the the outcome of the decision.

If you refrain from finger pointing, saying she lying, she's a nut or any other negative (used so many times it truly is a yawn), you will be better off. Come up with an original argument that hasn't been beaten to death.

Good luck, and yes, the police and military will look at this seriously even if it's a civil case. You know how they treat people with two late payments on their credit report....well same here. Appeal's aren't easy, you have some homework to do.


http://www.courtinfo.ca.gov/selfhelp/protection/introresord.htm#dv
Domestic Violence Restraining Order
You can ask for a Domestic Violence Restraining Order if:

A person has abused you, and
You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, live together or used to live together*), or you are related (parent, child, brother, sister, grandmother, grandfather, mother-in-law, son-in-law) or you have a child with the person.
*You have to be more involved than just roommates.

Click here to get more help.



Civil Harassment Restraining Order
You can ask for a Civil Harassment Restraining Order if you suffer harassment by someone who is not close to you.

Harassment is violence, a threat of violence, or actions that really scare, annoy or harass you, done on purpose and for no good reason.

Civil harassment order can be used to protect you from roommates, neighbors, and co-workers.

 

[speedallurement]

okay, thanks for your reply.
So if i file for a motion to dismiss/expunge, will i see the same judge? or is it a different judge in appeals court?

 

[its_kathie]

okay, thanks for your reply.
So if i file for a motion to dismiss/expunge, will i see the same judge? or is it a different judge in appeals court?

You can't file a motion to simply dismiss/expunge.
You will not see the same judge.

Your appeal will be at the district court of appeal in your area.
http://www.courtinfo.ca.gov/courts/courtsofappeal/

You have to show grounds for your appeal as I stated in my first contact with you.
You have a lot of homework a head of you, but if you are serious, driven, and competent, you can do it. Or, the easiest and best way is get an attorney. In lieu of that, it's time to roll up your sleeves and get it going on. good luck!

 

[speedallurement]

Well i read that 1/5 appeals wins. I do believe i have the legal basis to win, but those stats are discouraging. If someone files for a appeal, i believe they have to believe they are right, couse it cost alot of money, and yet 1/5 win appeals, This is verry discouraging. Your friend charges 10-30 g's wich is too much for me. (22yr old college student) Im looking into it and will consult some local attorneys. Im also interested in showing you the affidavid, and getting your views on it, privately of course, due to the matter at hand.

 

[speedallurement]

thread is unlocked! Neat lil trick with the double clicking.

 

[its_kathie]

You're welcome.

Now, about the cost. I am pretty sure you would qualify for a fee waiver. That said, you have to be proactive here. I supplied you with much information. First go and review it. While reviewing, jot down some questions you may have. Time is NOT on your side. If you are serious about this, you have to take action.

I know a lot about the process, but I am not willing, nor do I have the time to walk you through it piece-meal. I can tell when someone did a quick scan or an indepth search. Mentioning the cost most likely freaked you out. However, if you had search a bit more, you would have found your answer.

If you are choosing to appeal, you are taking on a serious issue. It is NOT child's play. If you can or cannot do it will soon be revealed. Posting questions here also will be a crutch if you simply come running here without first researching on your own. No one on this site will be here when you have your 15 minutes.

You have to do case searches and a brief. But if it's worth it to you, I know we can do anything we set minds to.

 

[CdwJava]

i was wondering if this injunction was gonna interfer with me going into the police , military ect?, If it will interfer with my chosen career path i believe my civil rights are violated and will seek a motion to appeal.

If the restraining order is still in place, then you will not likely get hired as a peace officer in CA. In fact, unless the firearm restriction was waived, you CAN NOT get hired as a peace officer in CA with the order in place.

- Carl

 

[speedallurement]

my whole buisness here is waiving the firearm restriction, do i need to go throught a whole appeal process to get it waived or is their another way to go to the court where the restraining order was granted.

 

[its_kathie]

There are certain conditions you can follow if you show you need a firearm for employment. They are strict however. Review PC 11106 and/or the Family Code domestic violence section. I have class in a few, otherwise I would look it up for you.

California judicial administrators (judges) are prevented from "red-lining" the firearms. They did that from 1999 to 2003. Legislature put a stop to that in 2004. So basically, read up and research, see if any apply to you.

Your best bet might be to look for an error in the law the court failed to recognize and appeal it. From there, it will go back to the lower courts and you re-argue your case.

Kathie

 

[its_kathie]

You are now back to the only hope is "appeal". The conditions needing to be met here is "continued" employment.

Family Code:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=06001-07000&file=6380-6389

6389 (h) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm. Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer and
may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.

 

[BlissfulMommy]

Update

well, I talked to my ex a few days ago, he consulted a lawyer here in Florida in regards to the DVRO that is, even though it expired last year in October, still on his personal record. If this DVRO was so important to him or if he thought that it was unjustified, I wonder why he didn't appeal it or didn't try to have it removed before it expired ? The lawyer didn't give him much hope that it can be removed from his record, ever. My ex violated the DVRO numerous times but I only called the police once (after he had called me 3 times around 1.30am in the morning), he was still living in Florida at the time. I filed a police report and brought it to the court house the next day, to the Domestic Violence division. They told me that there was nothing they could do unless he would show up at my house or work. I'm sure that the report I made regarding the violation is also on his record, I don't know. The Domestic Violence division didn't do anything though.

He told me that he is not even able to pursuit his education to become a nurse and work with patients because of the DVRO. Well, in his case, it's better this way. He threw me on the ground and kicked me in the kidneys. He brought this on to himself and now he is paying the price.

 

[its_kathie]

I agree we are all responsible for our actions. But I wonder why one must pay for the rest of their lives - totally labeled and branded.

It seems harsh to me. Here in California the record is removed from the CLETS and DOJ system once the term has expired. At least, I am pretty certain it is. I will check on that with the DOJ.

When I was at the DV Task Force last week, I remember an advocate stating how difficult it was to get the DOJ to remove it from the database of one of her clients although he had a right to have it removed because the term expired.

But of course California and Florida do have different laws.

I still don't think a young man (anyone) should pay for the rest of his life (based on the degree of course) for a misdemeanor; even our traffic tickets and credit report expunges. Sometimes just getting slapped with one DVRO knocks some sense into the person and the deterrence works. Especially if there isn't a history of abuse.

Of course I am not generalizing and saying all, always. Just thinking...

 

[CdwJava]

It seems harsh to me. Here in California the record is removed from the CLETS and DOJ system once the term has expired. At least, I am pretty certain it is. I will check on that with the DOJ.

NCIC maintains an expired or cleared record for the remainder of the year PLUS five additional years. However, California's CJIS (Criminal Justice Information System) expunges the record after 30 days. So this record is not likely available via NCIC as the "host" agency (in my case, CA) will no longer have the record 30 days after expiration.

(Source: Section 6.4 of the CJIS User's Manual)


- Carl

 

[its_kathie]

Ah, Carl to my rescue...saving me a phone call. Thank you...btw, how's the rug?? Nice and clean and fluffy