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N Cal Attorney
N Cal Attorney, Lawyer
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Experience:  Since 1983
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Background The court (judge) has issued a criminal protective

Resolved Question:

Background: The court (judge) has issued a criminal protective order-domestic violence (cr-160) against my fiance. I had already refused an emergency protection order - it was unnecessary. I didn't even want to go to the police to begin with, but was pressured to do so by a friend. When at the police station, I voiced my apprehension with the officer, and she told me I had to finish the statement and then I could go. I made sure that my statement included my wishes to NOT have anything done, legally or otherwise, to my fiance. I was very clear about this. A week or so later, I attended his araignment with him, and confirmed with the judge that I did NOT want or need any kind of "stay away" order - he said that he saw no reason to order one. In the meantime, the DA has since changed, and the new DA has had the charged amended. At the hearing this last week, the new charges were brought, now felony charges, and the new judge has ordered a "stay-away" order. I understand that I cannot undo the statement I made to the police back in November, but I'm VERY upset and frustrated that this order can be placed without my consent - when I've not been shown or proven to be incapable of making sound decisions on my behalf. And this after my being on record twice already as NOT wanting any such order to be made.
We live together, he assists in our bills. I cannot afford the mortgage without him, and he has no other place to live, if not with me. We are both going to therapy, both individually and together. The new DA seems to be overly aggressive and the most recent judge unwilling to even listen to our attorney. He even doubled the original bail amount during this last hearing. We are both very upset, frustrated, and somewhat disillusioned as the judge seemed to be unwilling to be impartial, and certainly didn't give my fiance an opportunity to be heard (he threatened our attorney with increasing the bail further, if he said anything more in court).

I would like to request the protective order be removed - do I have any grounds for this? How should I go about doing this (Alameda County, CA)? Can any judicial officer sign the CR-165, or does it have to be the same judge that issued the order? Do I have to go to court (wait for a hearing) to get the CR-165 signed? Is this even the correct form to use?

Also - is there any way to formally file a complaint regarding how the DA has handled this case, specifically changing the original charges, asking for the stay-away order, after I've refused it on multiple occasions, etc.?

One last thing - can they convict my fiance without going through a trial? Or, if I am not present at the actual trial? I intend to avoid, at all costs, being forced to testify in this matter. I am furious that the DA has chosen to take this case to such an extreme.

Sorry for the long narrative... your guidance will be greatly appreciated.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 3 years ago.
I'm sorry to hear this. I know it is small consolation to hear that this type of travesty is very frequent, see
http://mediaradar.org/

You cannot complain to the Attorney General until you first file a complaint with the DA. See
http://ag.ca.gov/consumers/pdf/complaint_form_law_enforcement.pdf

The CR-165 would remove the order, and any judge can sign it. You can ask your attorney if there is time to remove Judge #2 from the case with a peremptory challenge. And you can ask the lawyer to file a petition to dissolve the protective order for the reasons you mentioned here, without waiting for the next hearing,

I hope this information is helpful.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8240
Experience: Since 1983
N Cal Attorney and 7 other Criminal Law Specialists are ready to help you
Expert:  N Cal Attorney replied 3 years ago.
Thank you for accepting my answer.

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