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i am a male victem of domestic violence, she was arrested and

let out the very next...
i am a male victem of domestic violence, she was arrested and let out the very next day, my question is hy the court granted her a protective order against me, and my protective order against her was declined?
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Answered in 5 minutes by:
4/1/2013
LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
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Hello and welcome to JustAnswer. I would like to assist you with your question today.
However before I can answer your question I would like some additional information.

Is she the only one that was charged?

Which court issued the protective order against you? Was it part of her criminal proceeding, or in a separate matter?
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Customer reply replied 4 years ago


she had no even been charget yet when she filed for the order and yes she was the only one charged.


 


on your second question i think it had to of been on a seperate matter


but what she had written for the reaons were false

Walter,

I have a few more follow up questions. I want to make sure I understand your situation before answering your question.

Usually when a person files for a civil protection order of this sort, they are routinely granted what is known as ex parte order, which is served on the other party. Then a full hearing with both parties is held 7 days later (or a short time after the other party is served with the ex parte order.) Was she granted an just an ex parte order, or was there a full hearing?

Also did you file your own motion for a protective order? Which court refused to issue an order on your behalf?
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Customer reply replied 4 years ago


let me start over, she was jailed, and it was for criminal dammage which the officer made it a domestic issue, she has 2 prior convictions for d.v. then had a hearing and releaed,not yet charged,the following day was another hearing which i did not attend ad so i dont know the outcome, and 2 hours after the hearing was over i was served,

Walter,

Most likely what happened is the court that issued the order was not aware that she had been charged with a criminal offense in which you were the victim. If she is only charged with criminal damaging, that may not impacted what the court did in issuing the order. If, however, she is charged with domestic violence, that usually is a factor that the court will consider. Especially in accessing her credibility and motive for seeking a protective order.

I am still not clear if the order that you were served was issued as an ex parte order if it is after a final hearing. Did the order include a notice of the next hearing date?

You ask about your request for an order being declined. If you filed for a civil protection order against her after she had one granted, the court will not issue an ex parte order. What should occur is they should take your petition, schedule you motion for a hearing and send her notice of the hearing.

Given the limited facts you have provided I have tried to answer you question. If you have more information or if the assumptions I have made are inaccurate please let me know. Also let me know more about the denial of your request for an order, so I can better address that.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

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LegalEagle1
LegalEagle1, Criminal Lawyer
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Satisfied Customers: 795
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Customer reply replied 4 years ago


i do not know what the charges were on her and i did go before the same judge to request a hearing in which was granted she was served and that was suposed to be within 10 working days and it is 20 or so not 10, and to be honest i dont think the judge knew she was the one arrested she acted suprisd when i said i was the victim and thats my issue is to how this happned, she had my gun rights taken from me and i am pretty sure that was her goal with the order served against me, the judge told me that she was going to detirmine if the order was just for revenge at the hearig and has an order ready to go against my ex girlfriend depending on my evidence in which i have. proving this.

It sounds like at the next hearing which most likely is a full the court will consider your motion. You may want to consider retaining an attorney to represent you at the hearing they may be able to negotiate an agreement that does not impact your gun rights. If this is not an option persuade the court that if an order is issued to not Brady Bill disqualify you so you can retain your firearms.

You should also check with the criminal court and see what charges she has pending. If you obtain certified copies of the records in that case, you may be able to use them to proceedings related to the protective orders.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
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Customer reply replied 4 years ago


what do you mean a full court hearing? the only hearing i know of is the one i requested and the judge said it will be me the judge and my ex.

Yes, that most likely is the full court hearing. The court will decide if they should issue a permanent order. You can be represented by an attorney at that hearing. Did the court just deny your motion without scheduling your motion for a hearing also?
I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
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Customer reply replied 4 years ago


ok one quick question lets say i was to send her an email asking her very nice if we could settle this withiut goig to court, i know that would violate, but if she actually responded what could appen?

Customer reply replied 4 years ago


ok one quick question lets say i was to send her an email asking her very nice if we could settle this withiut goig to court, i know that would violate, but if she actually responded what could appen? she did schedule a hearing which is on the 18th and she said thats when she would deside, but as long as i have sufficent evidence do you relly think i need a lawyer

You should not send her an email. If you do you should plan for her to have you arrested. I cannot tell you how many countless people have done what you are considering only to find themselves sitting in jail and charged with a crime. If you are convicted of violating the protective order it can have lifetime consequences, such as Brady Bill disqualification where you are prohibited from possessing a firearm.

Also you sending her an email would demonstrate to the court that you do not want a protection order. People who do not want contact do not typically initiate it.

As far as needing a lawyer, that is for you decide. You can contact one in your area see what they charge and what they think can do for you. Once you have had the hearing, you can't get a lawyer and try again on the same set of facts.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

well she violated her court release conditions by contacting me several times and i notified the police the took the evidence and said they would get back to me and never did.

You should notify the court. The court can revoke her release. The consequences for violating the conditions of her release is that she can taken back into custody.

The consequences of violating a protection order is one can be charged with a criminal offense.

Could you please take the time to rate my answers to your questions. You can continue to ask additional questions after rating an answer. If you do not rate my answers I do not receive any compensation for the answering your questions.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
Verified
LegalEagle1 and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
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Satisfied Customers: 795
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