Legal Question in Family Law in California
victim would like the court ordered restraining order changed/dropped
long story short, my fiance of 3 years got in a fight with me, and busted my lip, i got some stiches, etc.... this was 2 months ago, 3 weeks after this happened, him and i made up and decided to work things out,etc....he still has to deal with the criminal part, which is fine, but yesterday the DA asked for a restraining order i objected as the victim and said i didnt want it, DA said she would perfer one and the judge didnt care, but went with the DA. so there is one in effect until sept. i called the DA to ask how i can get it changed, i told her i want to be able to be with him now..she said to be honest she hadn't really looked over the case, the only reason i said to get one was cause they are usually given in these cases, but that she hadn't honestly looked over the report and charges that much yet, so that if i wanted to be with him now, that i had to go back to the judge and ask him for it to be modified. my question is what can i say or do to prove that he is NOT a threat to me, that this was a mistake that he made, and that i would like the order dropped?? he had already been back living with me for a month since it happened and there have been NO problems and we are actually quite optimistic about the future PLEASE HELP
1 Answer from Attorneys
Re: victim would like the court ordered restraining order changed/dropped
Yes a victim can drop a restraining order in court if he testifies at court basically against his own pleadings. Or asks the court to drop the restraining order.
As always please consult with a qualified attorney before proceeding in your case.
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