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What can I do to get a protection order violation dismissed my wife and I have been living together for 2 years

Asked over 3 years ago - Missouri City, TX

I have been arrested for Violation of A Protective Order that I did not know existed. I had a Domestic Violence case that was dismissed in California over 2yrs ago. Now I live in Missouri City, Texas. Me and my wife have been living together the whole time peacefully without incidence. Lately the marriage is going a little rocky, but definnitely no abuse on my part. Case- I called the police and wating for them to arrive so that they could help me get my car from my residence, becasue my wife has been very hostile lately. Anyway they arrive talk with both me and her, then they turn around and arrest me on a violation of a proctive order from California. I did not know this existed. Me and my wife have been living together peacefully for almost 2yrs. no crime had been committed. Can they convict me on this charge.

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Attorney answers (3)

Timothy M. Williams

Reputation Level 6

Answered almost 3 years ago. Criminal Defense Attorney in Mason, MI.

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In Michigan there needs to be proof that you were served with a copy of the protection order. In other words you need to be put on noitce that it existed. If indeed you never were, then in my opinion you were not in violation of the order. If there is proof that you were served, then technically you were in violation, even though the two of you have been together for the last two years. The California court that issued the order, ultimately in my opinion will have to be the court that dismisses the order. It is unusual that the order would be in effect that long. Check with a CA attorney, but I think you stand a good chance of getting the order lifted.

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Herman Martinez

Reputation Level 13

Answered over 3 years ago. Criminal Defense Attorney in Houston, TX.

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Your question is ambigous because you do not state who the violation of protective order was for in California. Most importantly, California has jurisdiction of this case. In Texas you need to have notice of the protective order.

You should obtain a copy of the protective order so you can review all the information. You should contact a California attorney as soon as possible.

It is impossible to state whether you can be convict of this charge without having all the facts...

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Nicolas A. Gordon

Reputation Level 11

Answered almost 3 years ago. Criminal Defense Attorney in Mansfield, MA.

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I can only tell you how your situation would be resolved in Massachusetts, so you need to consult with a Texas Attorney to determine any vaiances in state law. The Protective Order is only valid and enforceable if you were properly served with the order. You mentioned that you did not know about the order. Under Mass law, if you did not know about the order, you can't be convicted of violating it. Moreover, I have seen cases like this dismissed in Mass when the Plaintiff in the Order had been violating it by initiating or welcoming contact with the Defendant under an, "unclean hands" theory. You also need to inquire whether a California court order is even enforceable in Texas. Again, your best resource is a qualified and experienced Texas Criminal Defense Attorney

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