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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 36346
Experience:  30 years legal experience
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I just wanted to know what to include in my letter to the judge requesting a restraining o

Customer Question

I just wanted to know what to include in my letter to the judge requesting a restraining order is lifted. And did I NEED to be represented by an atty
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please. 1. Will the other party agree to the lifting of the RO? 2. When was the RO put in place and what was the length of time it was set to run? 3. What was the legal basis for the imposition of the RO in the first place?Doug
Expert:  LawTalk replied 1 year ago.
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.Thanks in advance,Doug
Customer: replied 1 year ago.
1. Yes the other party has agree (I'm the petitioner)
2. Oct 2010 set to run 10 yrs
3.domestic violence
He served a six month sentence
Customer: replied 1 year ago.
I will be charged an add'l 18$ that I really can't do
That's why I declined the offer
Customer: replied 1 year ago.
Are u still there is my consult over?
Expert:  LawTalk replied 1 year ago.
Yes, I am still here. I am preparing an answer for you.
Expert:  LawTalk replied 1 year ago.
Are you the victim of the domestic violence? You wrote that he did 6 months,
Customer: replied 1 year ago.
Yes
Expert:  LawTalk replied 1 year ago.
Thanks for the additional information. Based on the length of time ordered for the RO to be in effect and based on the severity of the violence visited on you, I think that the court may have a difficult time justifying the lifting of the RO, even with your consent and request. If the reason for having the RO lifted is so you can get back together as a couple, or possibly marry, that might be seen as a meritorious reason. Try to keep in mind that the reason for the RO in the first place is the state's desire to protect you from further violence. In your favor is the fact that half the time has already passed, and presumably if he has not had any other convictions in the interim, and presuming that he is no longer on probation for the conviction, then there is possibility that the judge will agree to lift the RO. While there is no legal requirement that you have an attorney represent you in this matter, based on the severity of the RO---being much longer than any typical RO----if you want the best chance at having the RO lifted, you should consider having an attorney represent you in the matter. As for writing a letter to the judge, that is not something that you would do in a Motion to Lift the Restraining Order. Rather you would prepare the petition and then file an Affidavit in Support of the Petition and include that with the petition. You will want to set out the reason you wish to have the RO lifted and youwant to avoid incriminating the other person in your affidavit. In other words if the RO prevents them from being within 100 feet of you, you certainly would not want to try an justify the petition to have the RO lifted by claiming that you see him all the time and he hasn't hurt you since the one incident 5 years ago. That alone would be the basis for the judge to have him arrested for violating the RO. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you.I wish you and yours the best in 2015,Doug
Customer: replied 1 year ago.
I now reside in another state a letter to the judge is what the deputy clerk advised .
And yes to be together as one is what we what
I need to get the ball rolling on this letter just wanted to know things to include
So it would not be wise to include reconciliation
Expert:  LawTalk replied 1 year ago.
Hi, If you are the petitioner, then I disagree with the advice given you by the clerk. It is inappropriate for parties to communicate with the judge directly by private mail. That is why I suggested the Affidavit. If the basis of your petition is reconciliation, then yes, that is what you will have to say. You will want to show that he has not committed other crimes, that he has not violated the order to date and that you desire to reconcile with him. There really is little else that you need to include. Just be sure not to incriminate him in your statement. That is one big reason I suggest that you use an attorney---because reading between the lines I can guess that there have been violations of the RO leading you to now feel more secure in knowing that he won't harm you again. This is not information that you want to telegraph to the judge though. An attorney will be able to insulate you from making that mistake. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Kindly, remember to rate my service to you. That is how I am credited for assisting you.I wish you and yours the best in 2015,Doug