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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16264
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I AM UNDER A PROTECTIVE ORDER, IN CALIFORNIA, TO "STAY AWAY"

Resolved Question:

I AM UNDER A PROTECTIVE ORDER, IN CALIFORNIA, TO "STAY AWAY" FROM MY CURRENT HUSBAND, WHO NEVER ASKED TO BE PROTECTED. ON TWO OCCASIONS, HE HAS APPEARED IN COURT TO ASK TO HAVE THE PPO REMOVED OR REDUCED TO PEACEFUL CONTACT, AND IT HAS BEEN DENIED TWICE. I HAVE COMPLETED ALL ORDERS REGARDING MY DV CONVICTION, WE HAVE HAD NO OTHER ALTERCATIONS, AND THIS IS A FIRST OFFENSE OTHER THAN A 5 YEAR OLD DUI. DO YOU HAVE ANY SUGGESTIONS? I AM A CANCER PATIENT, AM UNDERGOING SURGERY FOR A DOUBLE MASTECTOMY, AND HAVE BEEN UNDER A DOCTOR'S CARE SINCE PRIOR TO THE INCIDENT.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Did the Judge give a reason for the denial? How long is the order in place for and when was it imposed? Do you rely on your husband for support with the cancer and treatment that you are currently dealing with?
Customer: replied 1 year ago.

Reason for denial intitially, was awaiting completion of 52 week domestic violence class. Other than that the judge just refused to hear him at the trial, and again when he drove up 120 miles to appear before him, he just refused to let husband address this. The order is for 3 years, and was imposed in May 2012. Yes, I rely on my husband for financial, medical and emotional support. Along with transportation requirements and all my medical treatments that I have undergone including thyroidectomy in September 2012. He is my sole support.

Customer: replied 1 year ago.

My husband said that the second time he was refused, the judge told him it was because he appeared with me.

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. If everything has been complied with and the case is closed, you can always file a motion again, to lift or in the alternative, modify the order. If the Judge is going to deny the request, he should state a reason on the record. Moreover, as the victim, your husband should be allowed to speak and be heard by the court, expressing his desire to no longer have it imposed. Since he appeared with you, the Judge would have reason to believe you have been having contact and thus, would be in violation of the order. Had he appeared on his own, it may have been a different story. At the next hearing, he can evidence the court, that there has been no contact. Your strongest argument to make, to have it lifted, is your current health condition and how he is the sole person who you can rely on for transportation and medical treatments. You would need to show the Judge the hardship which the cancer has caused and how you need him during this tough time. The Judge is going to want to know that you have been rehabilitated through the domestic violence classes and that there is no longer a fear or threat of concern, with you and your husband. Seeing how the order is imposed for another 2 years, you can always go back before the Judge and try and get it lifted, since he is willing to cooperate. Moreover, you may want to consider retaining an attorney at this time, to make sure you and your husband are heard and the Judge has a legal basis for any decision made.

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Customer: replied 1 year ago.

Are there any forms that need filing, since there are no further hearings? Because, Long Beach Court House seems to have their own rules on Ex-parte motions, ie. Be the first at the door before anyone else or be denied access to the judge, meaning he drives 120 miles to arrive at 6am to be first inside to reach the business office or be 1 of only 3 persons that will be allowed access to go before the judge, and if you're not you are turned away, without a court date and have to do it all again each time. There has to be another way to request to see the judge on an ex-parte matter, or at least be provided with a court date to appear, rather than constantly denied access. It seems unlawful, just my opinion. If you have further advice it would be appreciated. Also, what type of attorney would he be looking to retain in a matter of this nature?


Thank you for your help.

Expert:  LegalKnowledge replied 1 year ago.
You are welcome. He can try and file a motion with the court and then call the clerk of court or judicial assistant of the judge to see about the process for setting it for a hearing on the judges docket. This way, it is set and he can just appear. The clerk if court may have forms for him to use so either you or him can call them now and ask. In a sitatuation like this, since it is a result of a criminal case, a criminal defense attorney may be someone to consult with for assistance.
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX answered all my questions. I apologize that it took so long to get back to you. It's been crazy around here, with the move and medical.


 


Thanks again, I feel like I have a good understanding on how to proceed with this matter.

Expert:  LegalKnowledge replied 1 year ago.
You are very welcome. If you have not already, please remember to rate my help with 3, 4 or 5 faces, so I can get credit for my answer. Thank you and good luck.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16264
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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