Legal Question in Criminal Law in California

Criminal Record for Violating Restaining Order

TRO was filed by bitter ex. Never been any violence or abuse between us and he knew I loved shooting range and was saving up for my own weapon. At hearing I admitted to court that after being served and before the hearing I called the ex twice to request the return of diamond ring and earrings I had left at his apt. That was the sole extent of contact. The judge denied the protective order but said no further calls to ex.I agreed and no further contact was ever made. Few months later at a traffic stop I was arrested for a $36000 warrant for violating a protective order! I spent 4 days in custody and in court my PD said the 2 phone calls were a criminal act. I was moving to Houston the next day and had to be released from custody. PD said to plead guilty and charge would be deferred for a year after which the charge would be withdrawn.Im a Criminal justice major and was recently denied employment due to conviction of violating a PO! How do I resolve this matter? I live in Texas and court is in L.A. Is there a motion I could file directly to the court via mail?I thought the deferment would not be a guilty conviction unless I contacted the ex during the year.


Asked on 10/28/04, 1:34 am

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Criminal Record for Violating Restraining Order

Thank you for your inquiry, and the opportunity to respond.

If you were given a minute order or probation order, you should read it carefully. It will state if there is a dismissal hearing, or other retroactive relief that was made part of your sentence and incorporated in the terms of that sentence.

If not, you can apply for termination of probation under Penal Code �1203.3, after a minimum of one year, provided you've met all the terms of your sentence.

From there, you can apply for an expungement of your case, clearing your criminal record for most purposes, under Penal Code section 1203.4.

I hope that this answer helps, but I invite you to email me directly at [email protected], if you have any questions, or need additional information or wish legal counsel. It's my pleasure to assist in any way that I can.

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Answered on 10/28/04, 2:44 am
Catherine Lombardo The Law Office of Catherino Lombardo

Re: Criminal Record for Violating Restaining Order

I have read your question, and the answer posted to you by attorney Miller. I agree with his advice. Probably the best thing for you to do is petition the Court for a 1203.4 dismissal. You do not need to be present, unless your case is a Felony. You can hire a lawyer to do it for you, or you can do it yourself. There is a filing fee, a form to fill out, and a reason must be stated for the requested relief. I am available to help if needed. Good luck.

Catherine Lombardo

The Law Office of Catherine Lombardo

www.expertcriminaldefense.com

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Answered on 10/28/04, 4:15 pm


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