Hi, My husband got criminal protective orders from court and I being victim want to apply against it.
3 attorney answers
You should talk with your husband’s attorney to remove the order. If your husband doesnt have an attorney, he should hire one immediately. All the best luck.
I assume this is a Santa Clara County case. The judge is likely to ask whether you have spoken with probation about your desire to modify the order. You should contact probation and tell them you are the "alleged victim" and wish to speak with the probation officer handling the case about modifying or terminating the order. They may inquire whether or not you have a "Safety Plan."
Do not expect an enthusiastic response from the Court or Probation.
Talk to his lawyer if you want the best chance of success.
The judges and prosecutors who handle domestic violence cases are often "true believers" who think the victim is a chronically abused partner and has such low self esteem that he or she would rather be a punching bag than be alone.
Please do not call my office with followup questions. Free initial consultation applies only potential clients who want to hire a criminal defense attorney in select...