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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Question Incorrect Name on Protection Order in Domestic Violence Case

    My question involves restraining orders in the State of: Colorado

    My husband and I got in an argument that lead to the police becoming involved...I did not want him to be arrested or charged with any crime as we had been drinking and it was simply an argument that got out of control...no one was injured...I am the supposed victim in the case and had been waiting to receive the paperwork, so I may respond with a victim impact statement, however, the paperwork came addressed to my husband, so I gave it to our friend to give to him (since we are not allowed to communicate). My friend told me that the paperwork was actually suppose to be for me, however, it was all addressed to my husband, and under the section which shows the name of the person that should be protected it had the incorrect first name. My name was not indicted in the paperwork anywhere.

    If I was a "true" victim of domestic violence and my husband was a person who would retaliate (which he is not) he could come over and attack me and would not be breaking the restraining order because it is not my name on it...I am waiting for the second round of paperwork to see if it comes with the incorrect information, or if they possibly changed it....

    Could this error on the court get the DV charges dropped, along with the restraining order?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,267

    Default Re: Incorrect Name on Protection Order in Dv Case

    Contact the police or the victim-witness advocate or DV counselor that helped with the report. Someone should know who to address the problems to.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Jan 2006
    Posts
    21,239

    Default Re: Incorrect Name on Protection Order in Dv Case

    Quote Quoting labertray
    View Post

    Could this error on the court get the DV charges dropped, along with the restraining order?
    no. Who the victim is does not affect what he is claimed to have done.


    who called the police?

    if there was no injury, why is he charged with domestic violence? Generally it requires some physical action by the accused to be charged.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,055

    Default Re: Incorrect Name on Protection Order in Dv Case

    In my state, I have several police reports that state that the victim showed no visible signs of injury, but we got a conviction.

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