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  1. #1
    Join Date
    Nov 2012
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    Default Violation of a Restraining Order While on Probation

    My question involves criminal law for the state of: California


    I've been meaning to go and get the restraining order lifted that I have on my boyfriend but what should I tell the judge when they ask me what the reason is I'm lifting it?
    He is on probation and I'm a violation also but he's never been in trouble by his probation officer for seeing me/being caught with me.
    Can I be taken off as a violation if I'm pregnant?
    Will he get in trouble for signing our babys birth certificate if I hadn't yet lifted the restraining order please help ?

  2. #2

    Default Re: Violation of a Restraining Order While on Probation

    Quote Quoting ddd17
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    I've been meaning to go and get the restraining order lifted that I have on my boyfriend but what should I tell the judge when they ask me what the reason is I'm lifting it?
    Is this an order you requested, or one placed by judge as part of a criminal case? If you requested the order, you can attempt to convince the court that the order should be lifted - but realistically, if this was part of a domestic violence case, judges don't often lift such orders, because while you might want contact with him, the court has a duty to keep the CHILD safe and if there has been violence against you in the past, statistically you're at VERY high risk for additional violence (pregnant women experience domestic violence at much higher rates). As for what "reason" to give, we can't possibly know that. Only YOU know what your reasons are.


    He is on probation and I'm a violation also but he's never been in trouble by his probation officer for seeing me/being caught with me.
    But you're aware that contact in violation of the order COULD be enforced by the court, resulting in additional criminal charges against him, right? AND, if pregnant, and purposefully engaging with a person whom you have told authorities committed a violent act against you in the past, you can end up on the radar with Child Protective Services who may seek to remove the child, once born, from your care rather than leave the baby in a potentially violent situation (Google the term "failure to protect".)


    Can I be taken off as a violation if I'm pregnant?
    Pregnancy has nothing to do with the order, except to cause the court to be LESS likely to remove an order since you're in GREATER danger.


    Will he get in trouble for signing our babys birth certificate if I hadn't yet lifted the restraining order please help ?
    If he signs a document that provides proof that he is in violation of the order, yes, that can absolutely be used as evidence against him to prosecute for violation. Whether that actually WILL happen, we can't possibly guess.

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