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  1. #1
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    Default Can You Claim You Were Blackmailed into Agreeing to a Restraining Order

    My question involves restraining orders in the State of: California

  2. #2
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    Default Re: Blackmailed into a Plea Bargain

    and how is that?

  3. #3
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    Default Re: Blackmailed into a Plea Bargain

    You mean strong armed ? You accepted the plea bargain .. expect some heat

  4. #4
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    Default Re: Blackmailed into a Plea Bargain

    How are blackmail, a plea bargain, and a restraining order all related??
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
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    Default Re: Blackmailed into a Plea Bargain

    Quote Quoting cdwjava
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    How are blackmail, a plea bargain, and a restraining order all related??
    He tried to blackmail a prosecutor into giving him a plea bargain and was served with a restraining order instead???

  6. #6
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    Default Re: Blackmailed into a Plea Bargain

    Sorry for the response time my internet was not working. I will try to keep this short and to the point. Feel free to ask about details it was very long drawn out process. I was falsely accused of domestic violence and arrested. I was poorly represented by a total of three different public defenders. After my third court date the judge put in place a peaceful contact order per the DAs request and my PDs objection to a restraining order. The "victim" started the restraining order process but after getting a couple of pages into the paperwork changed her mind about both the accusations, a civil lawsuit ,and the restraining order. She made a statement taking back the accusations to an investigator. By about the 8th or 10th court date I was on the second judge and my third public defender. For some reason the DA kept pushing and the peaceful contact order was changed to a restraining order. This was never explained to me. I have never been in trouble for anything and have never laid a hand on a woman. Around the time that I had been to court for the 12th time and still not started the jurytrial it was Christmas and my ex girlfriend "the victim" called me out of the blue and explained that her and her boyfriend were evicted and living in a Uhaul van. I had made her a promise prior to the incident that I would never turn my back on her and let her go without a roof over her head. I invited her and her new boyfriend to move into my travel trailer and stay on my property untill they found another place. We all lived peacefully and happily on my property for about six months while the I continued to provide evidence and plea not guilty to the what I was being charged with. A month before my case was set to go to trial the DA realized that I was innocent and he had no case so he suppenoed my phone records and threatened me a felony for every text message that my ex girlfriend an I had that violated the restraining order. I was forced to plea guilty to a vandalism charge that I proved my innocence already to avoid becoming a felon and losing my constitutional rights as citizen of the United States of America. As far as I am concerned that is blackmail. Any thoughts appreciated I still need to attend 15 domestic violence classes and have three years of probation and a restraining order on me from my ex that feels so bad about this she can barley look me in the eyes. All from one vindictive 911 phone call and a false accusation.

  7. #7
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    Default Re: Blackmailed into a Plea Bargain

    well, you did violate the order, correct?



    The only entity I would see as failing here would be your counsel. By her moving onto your property, it shows she did not fear you and she wasn't concerned about you harming her.

  8. #8
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    Default Re: Blackmailed into a Plea Bargain

    Quote Quoting Ridgetop
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    I was falsely accused of domestic violence and arrested.
    So, you did NOT push, shove, hit, punch, kick, strike or otherwise hit the victim at all? She made the whole thing up?

    She made a statement taking back the accusations to an investigator.
    As a note, prosecutors expect this. About 75% of victims recant. It does not mean that the victim was NOT attacked, only that they have made a decision to protect their abuser.

    It is a peculiar thing that many victims will risk jail for filing a false police report or perjury so that they can protect their abuser, yet the abuser never shows the same courtesy and will risk jail in order to protect the victim from running the same risk. It is a one way street in a great many instances.

    For some reason the DA kept pushing and the peaceful contact order was changed to a restraining order.
    They were both restraining orders of a sort called Criminal Protective Orders (if issued on the court's initiative or the DA's request). A so-called "peaceful contact order" is merely a restraining order that allows for peaceful contact as opposed to a stay-away, or, no contact order.

    I have never been in trouble for anything and have never laid a hand on a woman.
    Why did she lie, then?

    I invited her and her new boyfriend to move into my travel trailer and stay on my property untill they found another place. We all lived peacefully and happily on my property for about six months while the I continued to provide evidence and plea not guilty to the what I was being charged with.
    Sooooo ... you continued to plead not guilty to the domestic violence charge while you were actively committing a new crime by violating the criminal protective order. NOT wise!

    A month before my case was set to go to trial the DA realized that I was innocent and he had no case so he suppenoed my phone records and threatened me a felony for every text message that my ex girlfriend an I had that violated the restraining order.
    Ah! So, he did that NOT because he might have heard you and she were living on your property, but because he knew you were innocent of the DV? And you KNOW this is true, because ... ?

    I was forced to plea guilty to a vandalism charge
    No, you chose to plead guilty to vandalism. You could have gone to trial. Of course, you were also facing CPO violations for the text messages, and, if they looked around they would find that she was living on your property also in violation. Oops!

    Any thoughts appreciated I still need to attend 15 domestic violence classes and have three years of probation and a restraining order on me from my ex that feels so bad about this she can barley look me in the eyes.
    If you have a CPO that prohibits any contact, how is it that she can even avoid looking you in the eyes? Are you continuing to violate the criminal protective order??
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
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    Default Re: Blackmailed into a Plea Bargain

    "So, you did NOT push, shove, hit, punch, kick, strike or otherwise hit the victim at all? She made the whole thing up?"

    I did not lay a hand on her, it was completly made up out of spite not fear. There was not a bruise, scratch,or torn piece of clothing and this woman bruises when the wind blows on her the wrong way.


    "As a note, prosecutors expect this. About 75% of victims recant. It does not mean that the victim was NOT attacked, only that they have made a decision to protect their abuser."


    So what is worse, punishing an innocent man for something he didn't do or letting a guilty man go unpunished because the victim decides that maybe they were equally at fault and the punishment in no way fits the crime. There will always of course be the victim that is scared into retracting their statement but my guess is in the majority of those cases a victim who is that concerned about it wouldn't call the police in the first place. This is another debate in itself that does not apply to my case because I did nothing to hurt her. In fact there was a number of times prior that she hit me. I have never and would never lay a hand on a woman.

    "It is a peculiar thing that many victims will risk jail for filing a false police report or perjury so that they can protect their abuser, yet the abuser never shows the same courtesy and will risk jail in order to protect the victim from running the same risk. It is a one way street in a great many instances."


    I do not understand?

    "They were both restraining orders of a sort called Criminal Protective Orders (if issued on the court's initiative or the DA's request). A so-called "peaceful contact order" is merely a restraining order that allows for peaceful contact as opposed to a stay-away, or, no contact order."


    Understood, but the charges the DA used to blackmail me into the plea bargain that I took was " A felony charge each text message" that he had proof of in the phone records that he subpoenaed . Regardless if the messages were ones like " Its almost Christmas and we are living in a Uhaul van and the police keep hassling us for loitering:-(...." or "you promised you would never turn your back on me no matter what" and " I don't want to go back to jail" So ultimately it was the difference between the Peaceful Contact order and the Stay Away that I was unknowingly guilty of. Very poor representation by my public defender, or at least two out of three of them.

    "Why did she lie, then?"


    Because she couldn't stand the thought of losing an argument? , Because she has a Vagina?, or maybe because she has been a pathological liar since anyone can remember? This would have been a great question for her to answer in front of a judge and jury. But It never got that far because the DA knew that I was innocent by the evidence that I provided. So instead he he pushed for a change in the protective order knowing damn well that the "victim" and I would be in contact because I never did what I was being accused of. Its actually a pretty good tactic, I have actually met two people since my sentencing six months ago that he has done the exact same thing to. Both plead guilty because they were threatened with felony protective orders of "victims" that made false accusations.


    "Sooooo ... you continued to plead not guilty to the domestic violence charge while you were actively committing a new crime by violating the criminal protective order. NOT wise!"


    NOT wise!......Agreed. I am also NOT a woman beater, NOT a vandal, NOT a criminal, I was NOT under the impression that peaceful contact was prohibited, and in all reality NOT guilty.


    "Ah! So, he did that NOT because he might have heard you and she were living on your property, but because he knew you were innocent of the DV? And you KNOW this is true, because ... ?"


    I know that he is more concerned with getting a conviction than whether or not someone is punished for a crime they did not commit. From what I understand these statistics are something to the effect of a baseball players batting average or pitchers era. Something that he will be judged by and effect his reputation and possible future promotions. I know that she called me begging for a place to stay, not the other way around. I know that she never even wanted the restraining order, he did.

    "No, you chose to plead guilty to vandalism. You could have gone to trial. Of course, you were also facing CPO violations for the text messages, and, if they looked around they would find that she was living on your property also in violation. Oops!"


    I was guilty of the text messages, as was she. I was guilty of not turning my back on her. She was living with me I was not living with her. The text messages were felony charges, the vandalism was a misdemeanor, what would you have done ? I plead guilty to a crime that I did not do to avoid being charged with a crime that I did do. He knew all of this and had no problem with it. That is blackmail.


    "If you have a CPO that prohibits any contact, how is it that she can even avoid looking you in the eyes? Are you continuing to violate the criminal protective order??"


    I am NOT a liar and I am not an idiot so I am going to plead the 5th on this one.

    - - - Updated - - -

    "So, you did NOT push, shove, hit, punch, kick, strike or otherwise hit the victim at all? She made the whole thing up?"

    I did not lay a hand on her, it was completly made up out of spite not fear. There was not a bruise, scratch,or torn piece of clothing and this woman bruises when the wind blows on her the wrong way.


    "As a note, prosecutors expect this. About 75% of victims recant. It does not mean that the victim was NOT attacked, only that they have made a decision to protect their abuser."


    So what is worse, punishing an innocent man for something he didn't do or letting a guilty man go unpunished because the victim decides that maybe they were equally at fault and the punishment in no way fits the crime. There will always of course be the victim that is scared into retracting their statement but my guess is in the majority of those cases a victim who is that concerned about it wouldn't call the police in the first place. This is another debate in itself that does not apply to my case because I did nothing to hurt her. In fact there was a number of times prior that she hit me. I have never and would never lay a hand on a woman.

    "It is a peculiar thing that many victims will risk jail for filing a false police report or perjury so that they can protect their abuser, yet the abuser never shows the same courtesy and will risk jail in order to protect the victim from running the same risk. It is a one way street in a great many instances."


    I do not understand?

    "They were both restraining orders of a sort called Criminal Protective Orders (if issued on the court's initiative or the DA's request). A so-called "peaceful contact order" is merely a restraining order that allows for peaceful contact as opposed to a stay-away, or, no contact order."


    Understood, but the charges the DA used to blackmail me into the plea bargain that I took was " A felony charge each text message" that he had proof of in the phone records that he subpoenaed . Regardless if the messages were ones like " Its almost Christmas and we are living in a Uhaul van and the police keep hassling us for loitering:-(...." or "you promised you would never turn your back on me no matter what" and " I don't want to go back to jail" So ultimately it was the difference between the Peaceful Contact order and the Stay Away that I was unknowingly guilty of. Very poor representation by my public defender, or at least two out of three of them.

    "Why did she lie, then?"


    Because she couldn't stand the thought of losing an argument? , Because she has a Vagina?, or maybe because she has been a pathological liar since anyone can remember? This would have been a great question for her to answer in front of a judge and jury. But It never got that far because the DA knew that I was innocent by the evidence that I provided. So instead he he pushed for a change in the protective order knowing damn well that the "victim" and I would be in contact because I never did what I was being accused of. Its actually a pretty good tactic, I have actually met two people since my sentencing six months ago that he has done the exact same thing to. Both plead guilty because they were threatened with felony protective orders of "victims" that made false accusations.


    "Sooooo ... you continued to plead not guilty to the domestic violence charge while you were actively committing a new crime by violating the criminal protective order. NOT wise!"


    NOT wise!......Agreed. I am also NOT a woman beater, NOT a vandal, NOT a criminal, I was NOT under the impression that peaceful contact was prohibited, and in all reality NOT guilty.


    "Ah! So, he did that NOT because he might have heard you and she were living on your property, but because he knew you were innocent of the DV? And you KNOW this is true, because ... ?"


    I know that he is more concerned with getting a conviction than whether or not someone is punished for a crime they did not commit. From what I understand these statistics are something to the effect of a baseball players batting average or pitchers era. Something that he will be judged by and effect his reputation and possible future promotions. I know that she called me begging for a place to stay, not the other way around. I know that she never even wanted the restraining order, he did.

    "No, you chose to plead guilty to vandalism. You could have gone to trial. Of course, you were also facing CPO violations for the text messages, and, if they looked around they would find that she was living on your property also in violation. Oops!"


    I was guilty of the text messages, as was she. I was guilty of not turning my back on her. She was living with me I was not living with her. The text messages were felony charges, the vandalism was a misdemeanor, what would you have done ? I plead guilty to a crime that I did not do to avoid being charged with a crime that I did do. He knew all of this and had no problem with it. That is blackmail.


    "If you have a CPO that prohibits any contact, how is it that she can even avoid looking you in the eyes? Are you continuing to violate the criminal protective order??"


    I am NOT a liar and I am not an idiot so I am going to plead the 5th on this one.

  10. #10
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    Default Re: Blackmailed into a Plea Bargain

    Quote Quoting Ridgetop
    View Post
    Because she couldn't stand the thought of losing an argument? , Because she has a Vagina?, or maybe because she has been a pathological liar since anyone can remember?
    Wow! You're a real catch there bub. Seems she was good enough for you at the time, what with her being a pathological liar. Why are you Dudley Do-Right for such a person?

    Quote Quoting Ridgetop
    View Post
    I was guilty of the text messages, as was she.
    She's not the one with a CPO on her.

    Quote Quoting Ridgetop
    View Post
    I am NOT a liar and I am not an idiot so I am going to plead the 5th on this one.
    You do realize that if the DA finds that out,you are looking at MORE charges. You need to get her off your property and have no contact with her until the CPO is lifted. Otherwise your oh-so-noble butt is going to be looking at possible jail time.

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