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How can I drop a criminal protective order-domestic violence against my boyfriend that was filed by the d.a.? He is in custody

Whittier, CA |
Filed under: Domestic violence

The order expires 3 years from now.

Attorney Answers 4

Posted

You cannot drop it, as it can only be vacated by court order. You can motion the court for this, but if the case is still pending, the district attorney will oppose the motion, and the judge will most probably deny your request.

Theoretically you have victim's rights, such as under Marsy's Law, but unfortunately there exists an unofficial presumption that domestic violence victims do not know what is best for them.

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6 comments

Asker

Posted

Can I ask to atleast be able to communicate by telephone with him?

Timothy Miranda

Timothy Miranda

Posted

He is the one that is enjoined from contacting you, so you can contact him by telephone. However, if he is in custody, he would have to initiate the call, and that would be a violation.

Asker

Posted

Ok. Am I able to send him a letter without getting in trouble?

Timothy Miranda

Timothy Miranda

Posted

Yes, you can, he can't.

Asker

Posted

Ok. Thank you so much for your response.

Asker

Posted

I have a question am I able to go to his court date to hear what happens?

Posted

It sounds like pleaded guilty. There's not much you can do unless he asks for it to be dropped and you show up in court and agree that is your preference.

Seth Weinstein, Esq.
Southern California Criminal Defense Attorney
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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Posted

No. It is the D.A.’s province to litigate criminal matters and you do not call the shots on when and how those matters are handled. If you have found this helpful and/or the best answer, please let the attorney know by checking the appropriate box below. It will be greatly appreciated. Thank you and best of luck to you.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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Posted

You can make a motion to do such, which are typically denied. However, there are ways to make your motion more successful. One item is to have the DA on board, but you will need more than that. Your boyfriend will need to cooperate. I suggest contacting an attorney to review the facts and develop a strategy. Many reputable attorneys offer a free consultation. I suggest meeting with at least one soon while the facts are still fresh in your mind.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Asker

Posted

He will need to cooperate as in what? Am I able to go to his court hearing without getting in any trouble?

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

While in jail, he will need to be taking anger management classes. In addition to any domestic violence class. Judges that do lift the protective orders won't do so without seeing him make some type of effort in his change of behavior. If he's a drug addict or a alchoholic then NA and/or AA meetings would assist. As far as you are concern as long as you are respectful to the court it is very unlikely that you will be getting into any trouble. I do suggest meeting with an attorney to review your rights during this process. Believe it or not, you have rights in these cases. My experience in the courtroom is that the victim that is not represented has their rights trampled on by the court and the da. Talk to an attorney. The first consultation is free. And many validate parking. www.YourCriminalDefenseLawyer.com 800-409-7010

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

BTW -- court hearings are open to the public including the victims, so yes you may attend without getting into any trouble. In addition, you can ask for the order to be lifted without getting into any trouble. Of course, the caveat is that you have to be respectful.

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