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JD
JD, Criminal Justice Lawyer
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Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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On June 27, 2008 I put a restraining order on my boyfriend.

Customer Question

On June 27, 2008 I put a restraining order on my boyfriend. From the time of that date till i had it dismissed on September 11, 2008. He never contacted me or came to my home. On September 10, 2008 i called him through will of my own and begged him to come over and talk to me    I was sick over what i had done and couldnt live with myself. I wanted to get back together. WE are back together. But when he came to my home on September 10, 2008 he was arrested due to the restraining order. NOw on October 27, 2008 he has to appear in family court on contempt. I am worried. What could happen. Since it was my doing that brought him to my house with my begging and crying. And i had the restraining order dismissed the next day on September 11, 2008. Does he need counsel or can i be a witness to what happened that night he came over. I dont want him to go to jail   I paid the 1,000 dollars bail the night he was arrested. PLease advise
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JD replied 6 years ago.
Was the restraining order a part of something else (domestic violence case, divorce, legal separation, etc) or was it standing on its own?
Customer: replied 6 years ago.
it was due to domestic violence case but i should have never filed it what is the answer than to it. please be honest
Customer: replied 6 years ago.
i am still waiting for a reply to my reply
Expert:  JD replied 6 years ago.

Once you file a domestic violence case the state will take over and prosecute it criminally. Often there is a companion restraining order, order of protection, or condition of bail to keep the perpetrator away from the victim (for obvious reasons). Since it is a court order for him to stay away from you, the fact that you caused him to violate it does not excuse him from violating the court's order. (the order is between the judge and the defendant)

 

This is not to say that the judge will not look at the surrounding circumstances, but I can tell you that the judge will be none too happy with the fact that you initiated contact with this person after seeking the court's protection. For this reason, I strongly encourage him to get a lawyer right away. You should also speak to an attorney (not the same one). The reason I say this is that you could possibly (not likely) get into some form of trouble yourself. For example if you change your story about what happened you could be charged with perjury or false reporting (in many states these are both felony offenses).

 

So before doing anything you should both consult separate attorneys.

 

Feel free to reply.

 

Good luck.

 

________________________

I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

Customer: replied 6 years ago.
I cannot afford an attorney at this time. We are both going to court on that day and tell the judge the truth. I will show him i got the order dismissed the next day and prayer for the best. What is the worst that can happen. I was told by the officer on the day i got it dismissed that when we both go to court and I show i got the order dismissed the judge after hearing our case will probably dismissed it after telling us a piece of his mind.    Do people go to court on these cases representing themselves. It is pretty cut and dry. Please respond ASAP   I am nervous about this     I should be scolded too by the judge for making the defendant come over to my house.
Expert:  JD replied 6 years ago.
My primary concern is whether your story about what happened has changed. Let's say for example that you claimed on the day in question that he hit you in the face and now you say it didn't happen. Is this what is happening here? Or have you simply changed your mind about what you want to happen?
Customer: replied 6 years ago.
I never said he did anything physically.   and he didnt. I got the order dismissed so thats out of the way now.     What i said on the day was that i wanted to end my relationship because of his drinking and sometimes he would get verbally abusive with me. thats all. he never hit me or did anything physically. I rushed to judgement with the restraining order i dont think he deserved it at all.   I was upset and shouldnt have filed it. We are back together and things are going one day at a time now. WE are in a different place.   I just want to know what can happen to him when we go on the 27th of October. I will apologize to the court for my actions and he will also. and see what happenes from there.   What is usually the procedure in these contempt cases about violating the restraining order.   and will the judge take it into consideration that i got it dismissed the day later.    And i know that the time he came to my house it was still in affect up until then. PLease answer ASAP
Expert:  JD replied 6 years ago.

He is technically in violation of the court's order. However, if the same judge dismissed the restraining order the day after the violation, I cannot imagine that he/she would take a hard stance on this case. All you can do is explain the situation to the judge. He/she will not be happy but will probably let it go after chewing him out about violating the order. I really cannot help you any further except to say you should discuss it with a local attorney who is familiar with the judge. This will come down to the judge's personality on the bench. Some are more forgiving than others. However, it does favor you both that you apparently lived under the rules for a significant period before violating the order.

 

The judge will consider the fact that the restraining order worked (it's purpose is to impose a mandatory cooling period away from each other to prevent harm). He/she will consider the nature of the technical violation and pay particular attention to how the violation was detected (which you didn't mention). The judge's decision should be based upon all the circumstances and not that there was simply a technical violation. Perhaps after it is all explained the judge will simply assess costs against him and let you both go.

 

Good luck and feel free to reply.

 

________________________

I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

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