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How can the restraining order still be valid and how do I take care of it so he wont get charged with invasion of privacy?

Indianapolis, IN |

The state put a restraining order against my fiance in September of 2011 due to domestic violence and the case was dropped/thrown out several months ago. I didn't put the restraining order against him and I never wanted it. I turned in a letter/request for all charges to be dropped to the prosecuting attorney as well as the Judge who was overseeing the case. Two nights ago he got arrested when we got pulled over (my license expired this year and I didn't realize it) and now he is being charged with invasion of privacy. He and I neither one knew about the restraining order. We assumed it got dropped when the case did. What do I need to do in order for him not to get charged. He is a normal human being that was in the wrong place at the wrong time. Please our family is desperate!!!!

Attorney Answers 4

Posted

You should discuss this with his criminal attorney. If he doesn't have one he should get one.

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Posted

It is separate action. You can ask the court to vacate it going back to the date of the end of the action.



henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

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Posted

Get a criminal attorney. Have him go before judge with you asking that the order be vacated

Contact local consel

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Posted

I hadn't planned on aswering this question as the previous gentlemen were more or less correct. But, then, I noticed they were all from out of state and can't help you. I also am not convinced you need a criminal attorney. I've, for some reason, ended up doing a couple dozen P.O. Hearings and I don't believe it requires someone with special skills in criminal law. Now, I say that, but I am, more or less, a criminal attorney. I was a prosecutor for five years and am in a unique position to know what the state wants out of this. I feel pretty strongly that we could get it dropped, but that is by no means a guarantee. Listen, I'm sorry, I didn't catch your name, call an attorney. I'm not saying it needs to be me, but you need an attorney. Preferably, someone with knowledge of Orders of Protection AND Criminal Law. Wouldn't hurt either if they did some family law. I wish you the best! If you want to call me to discuss the matter, I won't charge you. My number is on my profile.

David Steele

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