Legal Question in Criminal Law in California

DV restrictive order and pre-trail

I was arrested for DV to my wife on 8/16/06 in Pleasanton, CA. Although I did not cause any physical harm to her and she did not want to pursue legal action against at me, the judge gave me the proctetive order. I defended myself for lack of a right lawyer. The judge gave me a date of 10/05 to meet a DA for a pre-trial.

Since I am defending myself, I'd like to ask:

1) How should I get the restrictive order removed?

2) I pleaded not guilty and continue to do so with the DA. Is there a way I can get this case closed without attending class, paying fine, or going to jail?

Thanks for your opinion on this.


Asked on 9/25/06, 6:52 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: DV restrictive order and pre-trail

Get a lawyer. The court will appoint one for you if you can't afford to pay one privately.

Appointed counsel will only defend you against the criminal charges and likely won't get involved with the restraining order if that is a separate case. This isn't much of a problem, though, since avoiding a conviction is much more important than removing the restraining order.

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Answered on 9/25/06, 7:02 pm
Daniel J. Mangan III JuryTrialJustice

Re: DV restrictive order and pre-trail

A recurring theme...hire counsel, the civil end is often times connected to the criminal side in counties that have specialized DV Court.

The possibility of a DV criminal conviction simply requires counsel to assit you, most attorneys doing DV work are quite familiar with the direct and collateral consequenses. If the Court has not appointed the public defender on the criminal case....OR... you have civil court proceedings....

Hire Counsel.

My practice is limited to homicide defense.

DJM

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Answered on 9/26/06, 12:00 am


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