Legal Question in Criminal Law in California
Protective Order Modification, I need help
I have a problem on my hands. I was dating Ms. Allure for about 9 months, during which time, I fell in love. On and about the 9th month dating friendship, I fell upon hard times. I made enough mistakes to have a restraining order filed against me. I responded in a non-professional way. I landed myself in jail. I'm trying to do the right thing. But i definitely have said and done things, I�ve learned to regret. It is eating me away inside. I have decided to file a motion for modifying the order, which is now, a fully realized 3-year protective order, barring all contact. If I behave correctly, I believe i could find myself once again involved with someone i care about. I've collected numerous articles of information about this case, what eludes me is this. I notice when i read other motions, they seem to have a specific organization to them, and I want my motion to be profession. I�m not a lawyer. I believe the official title for my motion, is �Motion to modify probation�. I want this done professionally while being cost effective; I�m a student. Feedback would be appreciated. Thank you for your time
Respectfully
Mr. Unorthodox
1 Answer from Attorneys
Re: Protective Order Modification, I need help
Your facts don't state what you were violated for. Your facts don't state if you were living with the lady (Civil Domestic Violence), stalking her (criminal), or harassing her (civil).
If you had been served with a Civil Harassment Order your restraining order was a civil order that became criminal when you violated it. And you were subjected to criminal penalties. You're now on criminal probation with probably an even more severe restraining order.
Domestic Violence and civil harassment areas have Judicial Council Forms that should be used. There used to be form books at the law libraries and you could copy the appropriate forms out of them. And then type them up. Now most law offices have the forms on their computers, and the forms are also available on the Internet. You can also buy them from the court clerk. You just need to figure out which one(s).
The stalking would have been handled strictly as a criminal matter. And you would have to prepare a standard motion on 28 line pleading paper. There are samples of these in the Law Libraries.
If you were living together then you're back to Judicial Counsel Forms for Domestic Violence.
For all of the facts that you set forth, it's impossible to tell what happened to you.
You also need to get a life. You need some form of counseling. There are numerous services that don't charge. To impress the court with how much you've improved you need to do something, or else the Judge will deny your motion. And all your work will be for not. there are numerous twelve step programs, and you need to start attending one ASAP. Even if the program isn't directly on point, and do the Anger Management Course. Join AA and claim you're a drunk. Do their twelve step program. Go to church regularly. All this will look good to the judge.
There is no young lady worth this much pain. She is obviously terrified of you so you need to make a concerted effort to stay away from her while you're proving to the court how the counseling you're participated in is helping you. So start a program, and then fake good mental health. It has worked for me. Take some dancing lessons and the young ladies will start stalking you. That has also worked for me. The quickest way to get over a woman is to find another woman. So date some other young ladies.
You keep obsessing about this young lady. And you're going to get to spend a lot of time in a gray iron barred hotel.
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