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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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How likely is it to have a mis charge of a violation of a restraining

Customer Question

How likely is it to have a mis charge of a violation of a restraining order overturned or dismissed? And have the restraining order overturned as well.My boyfriend is 43. During his divorce his ex wife opted for a restraining order in her divorce package? He has never threatened or hit her. She has kicked him! Anyways, with this economy he was laid off, then lost his house etc... He wants to apply for a correctional officer position but cannot due to the violation and restraining order. All he did was send her 2-3 emails because he was upset at losing everything and her cheating on him twice. She also had his guns taken from him for 3 years. Now it's up to 10 with some new law? He already served his 15 days of work project and it doing his 26 court ordered anger management classes. I'm an Officer and from what I've seen with his case it just doesn't make sense that she was even granted with a restraining order in the first place! Please help! He is now stuck in a low end paying job with no options at his age. Thank you, Michelle Sacramento CA
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Joseph replied 3 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed family and criminal defense attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. When was the restraining order put in place?
  2. Was there actually a hearing or did he stipulate to the restraining order?
  3. When was the violation?
  4. When and how was the violation charge resolved?
  5. Have there been any further allegations of violations?
  6. What is his relationship like with the former wife now?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 3 years ago.
1.march 2010


2.Yes he went to the hearing but was not allowed to defended himself or fight it, It was just granted with no evidence.


3. September 2010


4.Back in Jan of this year in Placer County court. A public defender represented him. He pled no contest and took the 15 days work project.


5.No


6.There is not contact whatsoever with her.
Expert:  Joseph replied 3 years ago.

Thank you for the additional information, it was certainly helpful.

 

Unfortunately, I do not have good news for you or your boyfriend. I was hopeful that some time had passed since the restraining order (RO) was put in place, some time had passed since the violation of the RO and that he and his former wife had an amicable relationship.

 

In that event, he could quite likely move to have the RO dissolved. If they were getting along well, she would quite likely consent to dissolving the RO. Even if they weren't getting along well, the passage of time would certainly lead to the possibility of having the judge dissolve the RO. As the are not getting along and only a few months have passed since the violation, there just isn't any real possibility of having it dissolved.

 

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found value in my answer.

 

Similarly, the odds of success in having the conviction dismissed are not good. In general, once a person has entered a plea and been convicted, you can't then somehow undo the conviction.

 

However, he may be able to have the record expunged. If he has completed all of his terms of the sentence, he can petition the court for an expungement. If successful, the records would be destroyed and no one would be able to see the conviction. This result might help him in his job search. If he's interested, he should go to the courthouse where the conviction occurred and request an expungement packet, that will provide the paperwork and instructions that he needs for the process.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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Joseph
Joseph
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I have 15 years experience in criminal litigation including several years as a felony prosecutor