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?

Asked almost 2 years ago - 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)

  1. David James Steele

    Pro

    Contributor Level 10

    Answered . 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

  2. David Alexander Browde

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. Henry Lebensbaum

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  4. Ronald Lee Bell

    Pro

    Contributor Level 14

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

    Contact local consel

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