Domestic Violence In California

[tuesday123]

My husband was taken away by the police after I reported that he punched me in the face.

The police officers asked whether I was afraid for my life and stated no - but they recommend a emergency restraining order which will expire after 5 days - which will provide a cool off period for both parties.

My husband was bailed out by our children on the last day of the restraining order - but he was given a extended restraining order of 1 year during his pre-trial the day before.

It is not clear why the extended restraining was placed as this is not something that I requested. The police officers told me that if I needed a extention I would need to file that with family court

What is the process to lift this restraining order - as I would like to work with my husband thru this issue by getting professional help.

[Mr. Knowitall]

If the prosecution is still pending, talk to the prosecutor who is handling your case or the office's victim's rights officer.

[cdwjava]

My husband was taken away by the police after I reported that he punched me in the face.

Of course they did ... that's a crime in CA. At the very least he can be charged with misdemeanor DV battery per PC 243(e)(1).

The police officers asked whether I was afraid for my life and stated no - but they recommend a emergency restraining order which will expire after 5 days - which will provide a cool off period for both parties.

State law requires they ask you about an EPO and most agency's have a policy strongly recommending one.

My husband was bailed out by our children on the last day of the restraining order - but he was given a extended restraining order of 1 year during his pre-trial the day before.

That's probably only valid pending the outcome of the trial if it was issued by the court and not as a result of your application for a restraining order. This is not common where I have worked, though.

What is the process to lift this restraining order - as I would like to work with my husband thru this issue by getting professional help.

As previously mentioned, you can speak to the DA and ask what you can do. Most first offenses are given probation and the opportunity to attend counseling, etc. but whether this is common in your court is something only a local attorney can tell you.

- Carl