Notice to new members intending to register - from January 9th 2012

md121405 · #1 08-01-2012, 09:11 PM

so my husband is locked up in county right now... he will be transferred to prison soon. california. a few years ago we had a case where he was arrested on making threats to me, misdemeanor. that was a while back, we have had a kid and got married since then. he got locked up in a different county while he was still going through court/pretrial stuff for that case. they can't transfer case county to county and says he has to wait til he gets released on this current charge to go back and take care of this threats charge. there is a protective order that the court put on us pending trial. my question is.. is there a way for me to petition for this case and or the protective order to be dropped so that I can see him once he gets transferred to prison?? he will be there for 3 years and I can't imagine not seeing my husband or taking our daughter to see him for that long.. i have tried contacting the DA with no call back so far. Any advice would be really appreciative.. once again this was not a DV it was making threats to me and I would appreciate no negative or judgemental comments.. we were both young and stupid when this occured and it was a situation that sort of just got out of hand and was really unnecessary. thanks.

coleman8 · #2 08-02-2012, 12:11 AM

In most states if you try to drop a case like that the state will pick it up whether or not you want them to so I don't think you will be able to drop that case in order to see him.

MrsDWicker · #3 08-02-2012, 01:04 AM

Honestly, as much as you bother the da it won't do anything. They're out to set an example. And everyone I know in ca who's faught a case lately even when innocent hasn't had justice. They'll still probally pick it up and that order will not get lifted. My husband and I had one placed june of last year over a misunderstanding. He did 8 months over it and we went in front of the judge 3 diff times to have it modified or dropped. Nope! Then when he caught this new case which wasn't dv related at all and had nothing to do with me. The da who prosecuted his last case just so happened to pick the new one up and convinced the new judge to place a 10yr order. So now I'm fighting that. So now he's gone for 3 years and were supposed to have no contact. Haha.. righttttt. Ill send my prayers your way. My advice is to hire a lawyer! A pd won't do shit! Good luck !

md121405 · #4 08-02-2012, 08:21 PM

thanks for the feedback.. im determined to find a way so i'm sure I will.

MrsDWicker · #5 08-02-2012, 08:43 PM

Quote:

Originally Posted by md121405

thanks for the feedback.. im determined to find a way so i'm sure I will.

Well goodluck! Lemme know if yur able to get it dropped!

MrsGenius · #6 08-02-2012, 11:43 PM

Try posting that question here: http://www.avvo.com/

This site was a blessing when we were going through court, and I was trying to understand what was going on, and figure out what out options were.... Good Luck

IluvLorenzo · #7 08-03-2012, 01:01 AM

I don't know where you are located but I am in a situation something like yours however my case is considered a DV case. What I did is I went to court (criminal Dept) and asked them what I had to do to try to remove or modify a protective order. They gave me a form to fill out then gave me a court date. I actually went to court today and they modified it =/ not what I wanted but Im allowed to have contact with my love but they kept the stay away on. The judge told me she was going to give me a few months to talk to him and then see if i still wanted to drop it and if so go back and fill out a form again. Plus cause he wasn't there which the judge said she would need to hear from him that he wanted the same thing. So try that may e that will work. Hope I was able to help you in some way =)

Eastmax · #8 08-06-2012, 10:19 AM

My wife and I had a similar issue, Basically she went to the DA and told them she lied because she was emotionally distraught at the time and she wanted revenge. The DA was pissed as all hell, but they had no choice but to remove it.

Mrs.Cas13 · #9 08-06-2012, 10:40 AM

They won't drop it. I went thru the same thing last year. I tried going to the DA to get the order lifted but as someone said, they're out to make an example of someone. My husband got a lawyer and since I refused to cooperate w/ them, they dismissed the charges and CPO was gone.

CVicioso89 · #10 08-06-2012, 10:47 AM

No they will not drop it unless possibly you could get him to plea they might think about it DV is huge right now honestly he would be better off getting caught with drugs then DV they would be more apt to drop it