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Need To Lift Restraining Order Unknowingly Put On Husband

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  • 03-02-2008, 05:57 PM
    singhcarol
    Need To Lift Restraining Order Unknowingly Put On Husband
    I slapped my husband he slapped me back (harder)- i went to doctor, he was taken to jail without me knowing.?
    I found out he was in jail, when cops arrived at the doctors office. They kept on saying it seemed i had a broken nose.which i didnt and never did. That night the assigned DA to my case called me to verify what happened. his story was completely twisted!! i corrected it and he read it back to me 100% the way we talked about it. The next day my husband is let out of jail with a restraining order on him, given by the city of NY. Besides that the DA told the judge the "wrong" story which involved the word punch and broken nose.-all i had was something the dr specifically described as a facial contusion (just swollen). Anyways Im trying to get this restraining order removed,/ order of protection. Ive talked to my DA, police etc etc and they all say I CANT, what do i do? i cant afford a lawyer and ive been on top of everyone about my case. I never wanted asked or needed this order! help- brooklyn, nyAdditional Details

    19 minutes ago
    - - - i did not call cops and i did not go to doctor to get proof, my nose was bleeding so my neighbor took me to local hospital. ---the reason i wrote he hit me harder is because thats the reason they took him and not me. at least thats what they told me.

    18 minutes ago
    i never asked for a restraining order, when the cops asked me for my statement i did not write a thing- ive talked to da's to lawyers to domestic v bureu and all say i cannot remove it because it was given by the city of ny.

    16 minutes ago
    ---i told District attorney that I hit him first. its very clear to them. they said that he hit me harder so he has to face the consequences. I agree that it is completely silly but those are. their words.

    14 minutes ago
    i dont need people to criticize or analyze the story- i need help actual info on the processes i can use to get this restraining order / order of protection removed because nothing has helped up to now--
  • 03-03-2008, 12:26 AM
    aardvarc
    Re: Need To Lift Restraining Order Unknowingly Put On Husband
    You can continue to plead your case to the judge - that's who has the power to revoke the order. The DA can either support your request or fight it, but ultimately it's up to the judge in question. It doesn't really matter the spin that the DA put on the story - the fact that you had ANY injury, particularly one that caused you to seek medical care, indicates that a battery occurred. If you struck first, you can always plead this to the judge and say that his strike against you was in self defense, but then don't be surprised when they arrest and issue a restraining order against you as the admitted aggressor. The way the judge is going to see it, you might not have asked for or wanted the order, but going to the doctor indicates that injury occurred to the point where such an order is not only acceptable, but even a prudent judicial response.

    No judge wants to be the one on the news when one party kills or again injures the other after a restraining order gets dropped. There's just no good way to answer the press, or the victim's family, or the mayor, or the state domestic violence coalition, or the local citizen court watch group, or the county domestic violence fatality review board, when they say "Your Honor, what were you thinking when you dropped the order after an incident of obvious violence and injury"? If you can come up with some stunning answer, that's what you should use.
  • 03-06-2008, 02:18 AM
    Noneshere
    Re: Need To Lift Restraining Order Unknowingly Put On Husband
    Sounds to me he has a CPO on him.........(Criminal Protective Order)

    The Criminal judge would be the one to of placed this type of order.

    The CPO provisions are normally lifted upon closing of the case.
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