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


Asked on 7/18/08, 8:13 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

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.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

Read more
Answered on 7/22/08, 1:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California