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Violation of a Court Order

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boots4lizz

New member
California is the State
The question is, "If all charges of a domestic violence and brandishing a weapon were dropped, can the D.A. make charges of a violation of a court order stick?"

A friend of mine had a pending hearing regarding a domestic violence claim by his girlfriend of 20 years, she has since left him to live with some other loser who lives in a travel trailer and has a record of drug busts as long as my arm. Aside from that unnecessary information, she has left him and falsely accused him of harming her and to boot, she is trying to take his mobile home from him. Anyway, the question really revolves around these facts: 1) He was arrested for domestic violence and brandishing a weapon charges. 2) He plead not guilty 3) A trial date was set 4) A stay away order was in place and he was ordered to get his possessions out of the mobile home that he owns and not to return there until after the trial date 5) He ran into his girlfriend at the mobile home park where he resides and where he also is employed at. It was not at all intentional to run into her, she showed up unannounced and hadn't been near the park in several weeks 6) That evening, he was arrested for Violating a Court Order.
7) He spent 14 days in jail because of this violation 8) His court date arrived to start a jury trial, but his girlfriend did not show up 9) All charges were dropped except for the violating a court order charge. 10) The D.A. has decided to pursue this and now he has to return to court for this charge.
What can he expect to happen? I realize the D.A. is likely proceeding with this charge because a guilty conviction on this charge would look good on his record. Of course he wants a conviction, it is better for his case record and for any possible future election positions that may come his way, but really, what reason could he have aside from these to pursue this charge. He already spent 14 days in jail and has truly tried to obey all court orders, this was just an honest mistake and unplanned run-in with his ex.
Do you think it will possibly be charged against him as a felony or just a hefty fine and anger management classes for the rest of his life? What do you perceive as the possible outcome? Thanks.....
 


quincy

Senior Member
If the "stay away" order was not dismissed, he violated this order even if the prosecutor decided not to pursue the violence and weapons charges against him.

Your friend needs an attorney.
 

Litigator22

Active Member
California is the State
The question is, "If all charges of a domestic violence and brandishing a weapon were dropped, can the D.A. make charges of a violation of a court order stick?"

A friend of mine had a pending hearing regarding a domestic violence claim by his girlfriend of 20 years, she has since left him to live with some other loser who lives in a travel trailer and has a record of drug busts as long as my arm. Aside from that unnecessary information, she has left him and falsely accused him of harming her and to boot, she is trying to take his mobile home from him. Anyway, the question really revolves around these facts: 1) He was arrested for domestic violence and brandishing a weapon charges. 2) He plead not guilty 3) A trial date was set 4) A stay away order was in place and he was ordered to get his possessions out of the mobile home that he owns and not to return there until after the trial date 5) He ran into his girlfriend at the mobile home park where he resides and where he also is employed at. It was not at all intentional to run into her, she showed up unannounced and hadn't been near the park in several weeks 6) That evening, he was arrested for Violating a Court Order.
7) He spent 14 days in jail because of this violation 8) His court date arrived to start a jury trial, but his girlfriend did not show up 9) All charges were dropped except for the violating a court order charge. 10) The D.A. has decided to pursue this and now he has to return to court for this charge.
What can he expect to happen? I realize the D.A. is likely proceeding with this charge because a guilty conviction on this charge would look good on his record. Of course he wants a conviction, it is better for his case record and for any possible future election positions that may come his way, but really, what reason could he have aside from these to pursue this charge. He already spent 14 days in jail and has truly tried to obey all court orders, this was just an honest mistake and unplanned run-in with his ex.
Do you think it will possibly be charged against him as a felony or just a hefty fine and anger management classes for the rest of his life? What do you perceive as the possible outcome? Thanks.....
If your "other loser" friend shares your concerns then he needs to consult with his attorney.

Incidentally, how old are you anyway as it is childishness to assume that a district attorney would look upon a criminal contempt conviction arising out of a domestic dispute as a feather in his cap. Utterly silly!
 

quincy

Senior Member
As to guessing the outcome, I think your friend probably doesn't have to worry about being ordered to take "anger management classes for the rest of his life."
 

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