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  1. #1

    Unhappy How Do You Remove a Restraining Order Imposed for Domestic Violence

    My question involves restraining orders in the State of: the state convicted my husband with a misdemenor domestic violence and in turned put a no negative contact order in place ... However my husbands parole officer put a new special condition on him he cannot have contact with me period because of the restraining order .. She says it dorsnt matter what kind of restraining order it is ... We are married and would like to be a family can I have this restraining order removed?

  2. #2
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    Apr 2009
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    Default Re: Can This Restraining Order Be Removed

    Please tell us where you're located.
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  3. #3

    Default Re: Can This Restraining Order Be Removed

    Were in riverside ca

  4. #4
    Join Date
    May 2011
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    Illinois
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    Default Re: Can This Restraining Order Be Removed

    Why he is on parole can be an issue. What the outcome for his finding of guilt on the domestic can be an issue. If he was placed on probation and did not satisfactorily complete probation can be an issue. You have the right to petition the court, but they won't be too gung-ho about removing it. It's already been modified to no unlawful contact. The court is not too keen on the idea of removing an order completely. Besides, if the order is still existing, am I correct in assuming that he is still under some kind of court supervision for the domestic?

  5. #5

    Default Re: Can This Restraining Order Be Removed

    He is in county jail serving time over it .. I'm not the one who asked for the darn ro to be placed .. He did not get probation for this he was already on parole for something else ... I guess I will still go down to the court and see what will happen grr

  6. #6

    Default Re: Can This Restraining Order Be Removed

    Are there children already in the picture?
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  7. #7
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    Illinois
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    Default Re: Can This Restraining Order Be Removed

    Quote Quoting Desireemiranda
    View Post
    He is in county jail serving time over it .. I'm not the one who asked for the darn ro to be placed .. He did not get probation for this he was already on parole for something else ... I guess I will still go down to the court and see what will happen grr
    So...he committed a domestic, has no conditions to meet in order to address the domestic and you want to remove the order of protection outright? I don't see a court being to quick to honor that request. A lot of liabilities involved.

  8. #8

    Default Re: Can This Restraining Order Be Removed

    No don't be too judgemental please ... We both have history of being on parole ... Not for domestic violence at all ... More for stupid things kids do when we were involved with the wrong crowd .. but things have changed long ago some parole lasts longer than others ..shoot mine lasted for 12 years ... Please do not assume that the courts do not use our pasts against us regardless if he was on parole for something that has absolutely nothing to do with domestic violence . No he did not commit a domestic violence ... The judge convicted him it because he had one violent past conviction ... Strong arm robbery and thought I was scared to testify ... Not the case though .. some somewhat senile client of mine called in one of his " hallucinations" we now know for sure my former client had dementia ... But all in all my husband has this restraining order that don't belong and courts I'm taking it they don't like to told that they made an honest mistake

  9. #9

    Default Re: Can This Restraining Order Be Removed

    And please for the record if you're replying just to be rude or negative please don't ... People change sometimes for the bad and sometimes for the good ... Personally I've been clean and sober more than 2 years and off of parole for over 3 years ... And yes I am a productive member of society

  10. #10
    Join Date
    Sep 2005
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    California
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    Default Re: Can This Restraining Order Be Removed

    Quote Quoting Desireemiranda
    View Post
    He is in county jail serving time over it .. I'm not the one who asked for the darn ro to be placed .. He did not get probation for this he was already on parole for something else ... I guess I will still go down to the court and see what will happen grr
    So, if you did not request it, the court either received a request from the DA to do so or the court issued it on its own. This is called Criminal Protective order, and the court might be less inclined to concern itself with what YOU want when dealing with a parolee who abuses women.

    People change sometimes for the bad and sometimes for the good
    So ... changing from armed robbery to spousal abuse is a "good" change?

    Regardless of your respective parole histories, this is going to be a tough one to get a judge to lift, and even if a judge lifts it, parole can always set a condition of his parole is to stay away from you.

    In California a CPO can be issued in domestic violence cases when there is some evidence of past harm (as demonstrated by pending charges or other information) or good cause to believe there is a threat of future harm to the victim. This might be a tough hurdle for you.
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