Legal Question in Family Law in California
domestic violence
my boyfriend is on 3 years probation(summary) which stemmed from a argument although he never physically touched me because I had a previous bruise he was charge with domestic violence by the sheriff dept not by me .. now I cant see him or have contact with him in any way . we have a 17 month old daughter and he help with the finances baby sitting and I used him car to get to school he was my help and Iam having a difficult time with my daughter school and other things he that really help me .. Iam distraught and tired how can I get the restraining order lifted or changed or somthing its his first offense never had any record of any sort he takes DV classes and his next visit to court is on the feb 11 can I got to court before or at that time wht can I do ?? he was wrongfully charge we didnt have a lawyer so he took a plea bargin just to get out .. please help me thanks Monica
1 Answer from Attorneys
Re: domestic violence
You mentioned you had a 'previous bruise.' If this was from your boyfirend's actions on a previous incident to the one involving the sheriff, then there is sufficient factual basis for the restarining order to issue. If this is not the case, then with the help of an attorney, you can file a motion to terminate the restraining order.
If you cannot afford an attorney, then you can try to get the same result by accompanying your boyfriemd to court, have him explain your situation to his public defender infomring him/her you are available and willing to testify and ask him to make an oral motion to the court to terminate the order.
Bear in mind that courts and prosecutors are used to domestic violence victims changing or recanting their stories, so you may not be heard and the order may likely remain in place.
Best of Luck.
www.NotGuiltyInCA.com
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