My fiancee and I got into a fight, he pushed me. The neighbors called the police and they arrested him for domestic violence. He was bailed out of jail and now staying with his parents because they have him convinced that I have a restraining order against him. I do not. I haven't showed up to court and wont, I am mad that the neighbors got involved. We have two kids. I would know if I had a restraining order correct? Is he really not allowed around me by law or by his nosey parents?
In most DV cases, the state and/or the victim ask the court to impose a temporary protection order. There is likely an order in this case, even if you did not personally request it. If there is, he is not allowed to contact you in any way, even if you want him to.
He should retain an attorney ASAP.
If you did not request it, it is a no contact order issued by the court. These are extremely common in DV cases, almost universal. He needs to get an attorney. It is quite possible, if there are other witnesses, that the government does not need your testimony or cooperation to go after him for this charge.
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If he was arrested then at the time the police asked you if you wanted a restraining order and you said no there is a pink slip indicating that. Send him a copy of your copy so he knows that there really is no restraining order. That will improve your opportunity to speak with him. However if he was arrested the municipal court judge may have made a no-contact requirement which is not exactly a court order but never the less they will prosecute him if they find out he speaks with you so you have to drop the municipal charges if that's what you want to do. Until then the general protocol is he has absolutely zero contact with you in any capacity so you and he can think it through what's really important to you. It's the police who are the complainants against him as a result of the neighbors complained. Just relax. Next time you have a disagreement with the father of your children try to remember that the neighbors don't want to listen to that nonsense. If neither of you can naturally control yourself then get professional help because you need it if the neighbors are calling the police and the police are arresting people. Mad at them? Hello?
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