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I a the "alleged" victim in a domestic violence case, and…

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I a the "alleged"...

I a the "alleged" victim in a domestic violence case, and the District Attorney slapped a criminal protective order on my Fiance, without my knowledge or my consent!!! I WANT IT REMOVED! N,o one willl help me, and I felt as though my rights are being violated!!

Lawyer's Assistant: Have domestic violence charges been filed? If so, when is the next court date?

Yes, but not by me...I refused to press charges.....there isn't a court date, he's already been condemned

Lawyer's Assistant: In what state did the domestic violence occur?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Oh that I despise the Solano county judicial system!!

Submitted: 28 days ago.Category: Criminal Law
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Customer reply replied 28 days ago
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Answered in 53 minutes by:
3/24/2018
Criminal Lawyer: James Daloisio, Lawyer replied 28 days ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 330
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer.

I understand your dilemma. I was a prosecutor in California for 25 years and I have seen the evolution of the domestic violence cases in the state. First, understand what you're dealing with here.

You said that a protective order was issued without your knowledge or consent. The prosecution operates independently in these cases. You don't have a lot to say about what they do or how they do it. They rely upon the state of the evidence to build their case, not just your statement. You don't "press charges" in a DV case. The district attorney looks at the evidence and decides whether they have a provable case. You're just a witness.

Protective orders are standard operating procedure in DV cases. The only area that is usually negotiated is the "no contact" provision. A standard protective order will say something like "not harass, molest, annoy, threaten, assault, or strike" the victim. Then there'll be another provision that says "shall not contact by any means, and stay at least one hundred yards from the victim, the victim's residence, and the victim's place of employment." That's the one that gets people upset because many couples that live together suddenly find that one of them has nowhere to live.

So in your case, you don't have much to say about the "harass/molest/annoy" provision (known as HMA), but you can certainly request that the court strike the "no contact" provision, if there is one. But your fiance' will have to convince the judge that he is not a danger to you. I don't know the facts of your case so I can't offer any opinions on his chances, but courts are very sensitive to the risk of allowing a DV defendant to remain in contact with the victim, due to some unfortunate cases where defendants were released from custody or allowed to contact their victims only to cause worse harm.

Now, you said he's been "condemned." I'm not sure what that means in the legal sense. If he doesn't have a court date, has he already pled guilty to something? If he is on probation, he can always return to court and request a modification of his terms and conditions, which includes modification of the protective order. Remember, all the district attorney can do is ask. It's up to the court to decide what the appropriate terms are.

The best advice I can offer is to work with his attorney on a plan to convince the court that he is not a danger to you. You would have to go into detail about his past; hopefully there aren't any other incidents of violence. You would also go into detail about your day to day relationship and how he conducts himself with others, not just yourself. His reputation for being nonviolent would bear on the issue as well. His education, work history, family ties, etc., would all be relevant. He would also have to demonstrate that he has complied with his terms and conditions to date, that he is attending any counseling, that he is working on payment of fines and fees, etc. He has to show a willingness to cooperate and demonstrate some remorse. That's what they look for.

All this assumes that there's a no contact order. The remaining conditions are going to remain as long as he is on probation and shouldn't be an issue. I hope this answered your question. If so, please don't forget to rate this answer. You can always return here with follow up questions on this topic at no additional charge. And thank you for using Just Answer. I sincerely ***** ***** are able to work this out.

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James Daloisio
James Daloisio, Lawyer
Category: Criminal Law
Satisfied Customers: 330
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Experience: 30 years experience in criminal law, continuing education.

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