Legal Question in Criminal Law in California

Re: Petition a Protective Order

The Court and the government has imposed themselves on you and your boy friends lives. They did this initially because someone called the police out of desparation and now the government wants to continue to punish the innocent. This is what we get when we vote for people who claim to be tough on crime.

Now you want the government to mind their own business and rightfully so. They have warn out there welcome and you and your friend want to conduct yourselves according to your desires not our meddling government. Your boyfriend has served his time in hell. Enough is enough.

Here is how you can help. Have his case called up in the court where he was convicted and ask the judge to change the order.

Chances of this happening are not that good. Judge usually has too much pressure to intervene in your life due to the hysteria caused by that lousey O.J. Simpson case.

You may have to retain an attorney to litigate your boyfriends right to freedom of choice. I do not know how he ended up in jail for those charges. That seems like a lot of time for what he was charged with. However, now is the time to help him stay out.

If he gets caught having any, I do mean ANY (i.e. phone calls, writing, even being in the general vacinity) the court will charge him with a new crime and send him back to jail for violating his probation and for the new crime. The punishment will get stiffer and stiffer. Do not take this lightly. You nor your boyfriend have the ability to disregard the order.

Call if you have any questions or concerns.

Joseph Low IV

Law Offices of Joseph Hawkins Low IV

1301 Dove Street, Suite 800

Newport Beach, CA

92660

(949) 251-0123

court procedures

The most important advise I can give is not to play around with the protective order. The order is in place for a reason, most likely you have changed your mind about your boyfriend, or the nature of the crime dictated the court place such an order. If your boyfriend was represented by the PD, the PD office should help him have the order lifted, if it substantially relates to the criminal case, and there is no further need for your protection. Just "changing" your mind about your boy friend is probably not going to be enough. Perhaps after he has attended some counseling sessions. Or, you can hire a private attorney to challenge the order. If your boy friend violates the order, he will be remanded. It is that simple.

Re: Petition a Protective Order

I've read Ronald M.'s reply, and will only supplement it. Not knowing exactly what the facts are concerning your boyfriend's crimes the order directly affects you. And you can go to court and have the criminal clerk send the file to the sentencing judge. Then when the court calls your case ask the judge to change the order. The judge may require you to attend some counseling or class before the judge will lift the order partially or completely.