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

Asked over 1 year ago - Whittier, CA

The order expires 3 years from now.

Attorney answers (4)

  1. Timothy Miranda

    Pro

    Contributor Level 15

    2

    Lawyers agree

    1

    Answered . 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.

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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... more
  3. Seth Andrew Weinstein

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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... more
  4. Martha Bronson

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,731 answers this week

3,304 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,731 answers this week

3,304 attorneys answering