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Diffrentiate between domestic disturbance and violence. If the victim drops charges is the PD obligated to issue a TRO?

Hillsboro, OR |

After drinks an afternoon with my wife turned verbally abusive and aggressive. My anger ignited when despite my telling her 4 to 5 times to stop or I would have to phyically restrain her. She continued chiding me and called 911 after I pushed her away from me. To make a long story short the Police arrived heard both sides of the story and decided to jail me even though my wife realized she had provoked the situation, and pleaded with the officers to release me as she had no desire to press any charges. 5-7hrs later, the Police release me on bail, with a temporary restraining order (TRO) that prevents me from coming within 100 yards of my wife or my residence. I can ill afford separate living quarters due to unemployment... How can one remove this TRO and request charges be dropped?

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Attorney answers 1


This isn't a case of your wife bringing, or dropping, charges. The DA's office will review the reports and decide if they think they can prove the charge, with or without your wife's cooperation. Your wife can have some effect by calling the DA's office, and asking to speak to the assigned Dep DA, or the victims assistance person (Though they don't really assist "victims" that want to drop charges).

As to the restraining order, that's part of your release agreement. It can only be dropped if the DA decides not to bring formal charges. If the DA does bring formal charges, then only the alleged victim can ask that it be dropped or modified, and courts seldom drop or modify it.

If you're charged, and if you have no prior's you will be offered the deferred sentencing program. That means you plead guilty, and go through classes, and if you complete the classes (18 months program) the case is dismissed. During that program, they generally have a 3 month period where you can't have any contact with your wife.

So, you're in for a long haul here. You need an attorney.