My boyfriend was seen kicking me , and was arrested. I did not press charges, but the DA did.
Individuals don't "press charges." Only the District Attorney can file a criminal case, and they often do file domestic violence cases over the victim's objection.
Your best bet is to call your boyfriend's lawyer for assistance. Any steps you take on your own could help the prosecution case against him.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
Sounds like the JUDGE imposed a Criminal Protective Order at the DA's request. Only the judge can lift it and you should expect the DA to oppose your request. Boyfriend needs a lawyer.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
I agree with Mr. Marshall and Mr. Finnecy. Consult your boyfriend's lawyer. Get him one if he doesn't have one already.
The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.
As explained, the judge technically issued a Criminal Protective Order (CPO), which is a restraining order in criminal cases. This was likely the result of the Deputy District Attorney in court requesting a CPO be imposed against your boyfriend; however, it's possible the judge did so on his or her own. In domestic violence cases, CPOs are almost always ordered. Also, as mentioned, it does not matter whether you did not want to press charges. In fact, the majority of domestic violence cases filed in court involve victims that did not want charges filed. Ultimately, in most criminal cases, the District Attorney alone decides to file charges.
It is important to understand that there are two main kinds of CPOs--"no contact" orders and "peaceful contact" orders. A "no contact" CPO, which is likely what the judge ordered here, is what it sounds like--that is, your boyfriend is not permitted to contact you in any form. That means he must move out, he can't text you, he can't have a friend contact you on his behalf, etc.
A "peaceful contact" CPO, however, does not prohibit your boyfriend from contacting you. In fact, if you two live together, he can continue to live with you. What he cannot do, in sum, is harass you in any way. He must behave peacefully. And, if he doesn't, you can call the police and have him arrested.
To more directly answer your question, here is what you can do regarding the current CPO in place. You can ask the judge for the "no contact" order to be converted to a "peaceful contact" order. You can ask for the judge to rescind the order altogether, but that's an unrealistic request based on what you've mentioned about the case. Yes, contacting your boyfriend's attorney to help facilitate this is certainly an option. But, it's not necessary. You can also speak to a Victim/Witness Coordinator at the District Attorney's Office about requesting a peaceful contact order. If nothing else, go to court when your boyfriend is scheduled to appear, and tell his attorney and/or the DA in court about your request. The judge may ask you questions in open court, on the record, so be prepared to speak up.
Lastly, just because you make this request does not mean a judge must grant it. Certainly if your boyfriend's case gets filed as a felony, your request will likely be denied. But, even if it's a misdemeanor, there is no guarantee at all that a judge will be convinced your boyfriend no longer poses a threat to you. The judge will consider, among other things, not just the allegations in the present case, but also your boyfriend's criminal history, if he has any.
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