Should I attend TRO hearing and ask the judge to end it & also ask to terminate the criminal protective order he had placed?
4 attorney answers
You should speak with a local attorney about your options. This is the kind of case where you could easily jump out of the frying pan and into the fire if you're not careful.
You are free to dismiss your current TRO in family court, but the criminal protective order will remain.
You can also petition the criminal court to modify the terms of the CPO to allow for peaceful contact, but that could complicate things with CPS.
If CPS believes that your boyfriend is a danger to the child and that you are placing the child into a dangerous situation, you can be held responsible.
You might start by participating in some "Victim Empowerment Counseling". There are court-approved programs that you can attend where victims of DV learn about their options and how to avoid becoming a victim in the future. Some judges insist that victims attend these counseling sessions before they are willing to modify any CPO.
Only the victim can request changes to TRO. There is no guarantee the court will agree to do so.
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"Put his hands on you"? Really? Like you "put your hand on" someone's chest to feel their heartbeat? Or do you mean he punched you hard multiple times? Probably in your face. Because that's wouldn't really be "putting hands on" somebody. Your boyfriend sounds like an out-of-control brute who could easily kill you next time. While your young child watches.
I don't find that this situation is adequately described. It appears that Dad has multiple criminal cases. It appears that there may be both a criminal case and family law case in which protective orders were issued. I don't advise anyone on how to deal in such an excessively vague situation. You have control over any Family Court case you filed but no control over a criminal case filed by a prosecutor. If you are stuck with a protective order perhaps you can get it modified to allow supervised visitation supervised by an acceptable family member or friend or to allow all but negative contacts.