Results 1 to 3 of 3

Hybrid View

  1. #1

    Default 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.

  2. #2
    Join Date
    Mar 2008
    Posts
    4

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Sex Offenses: How to Lift a Restraining Order Due to Statutory Rape
    By Resona in forum Criminal Charges
    Replies: 3
    Last Post: 04-21-2011, 09:33 AM
  2. My 16 Year Old Boy Wants to Lift the Restraining Order on Me
    By pjcrr1949 in forum Child Custody, Support and Visitation
    Replies: 15
    Last Post: 02-22-2011, 09:00 PM
  3. How to Lift Restraining Order
    By mab93 in forum Orders of Protection
    Replies: 3
    Last Post: 08-01-2010, 04:36 PM
  4. How Do I Lift a Restraining Order if I'm Not 18
    By mab93 in forum Orders of Protection
    Replies: 2
    Last Post: 08-01-2010, 02:09 PM
  5. How to Lift a Restraining Order
    By GIRL27* in forum Orders of Protection
    Replies: 3
    Last Post: 02-21-2010, 03:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources