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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3164
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Sample letter to judge to modify if not terminate a CPO so

Customer Question

sample letter to judge to modify if not terminate a CPO so my husband of 15 yrs whos in end stage heart failure can come home, After A medication his Dr prescribed caused him to freak out in a blind rage resulting in him being charged with Domestic Violence.The DA wont even consider hearing what I have to say and look at me like Im being forced to defend my abuser and that is just not the case at all. My husband has been the sole provider for me and our 2 kids, now he cant come home or even talk to me or the children. He has to pay to live elsewhere and we cant afford to 2 households. I feel as though nobody is really listening to anything we are saying its like a automatic he is guilty, Im a battered woman forced by fear or since of responsibility for his actions to make him look better.Im only a victim because the DA is making my family,my marriage the victim.They are devastating a already heartbroken family preventing us from spending whatever time my husband has togethL
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
In doing this am I provoking CPS to remove my children from me. I think I have proven my ability to keep my children away from anything further by taking it upon myself to get a TRO before cps even started a investigation. Cause I really just want those bastards the hell away from me and my family!!!
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I noticed your question had been online for a while and no one had responded. I didn't want you to continue waiting.

It's likely no one answered because there is no form letter to send to the judge for what you want and, in addition, you aren't allowed to send letters to the judge about the case and the judge isn't allowed to read them, accept telephone calls, etc.

If you want to modify the terms of an injunction/TRO then you have to file a formal motion to do so and I'm not aware of any forms online for that since they are so rarely used. Attorneys draft them from scratch or use ones in their files.

You also have to have a hearing on the request after filing the motion.

In this case, you really need an attorney to assist you both in the filing of the motion and in the hearing because a part of the reason for wanting the change is medical related and so you will have to call one or more doctors to testify both as to your husband's condition as well as to the medication causing the problem before and reassuring the court that it will not happen again.

You can contact Legal Aid if you can't afford an attorney, you can find the closest Legal Aid office in your area by running a Google search, and if they can't help you then you can contact the State bar and ask if they have a list of attorneys in the area who do pro se family law work.

I wouldn't think that this will cause CPS to try and remove the children since you are going through the court to try and modify the order. If you were just ignoring the order then they might but going through the courts is the correct method so it's unlikely to cause an issue.