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  #1  
Old 03-09-2019, 04:47 AM
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Post Whatís the longest attorneys can hold off on scheduling a prelim (DV)

My boyfriend was arrested in January, and itís been over 2 months and thereís been no prelim. How long can a court hold off on this for?

I havenít spoken with my detective since late January after multiple attempts to reach out, and Iíll be trying to contact his supervisor. Iím just frustrated, because no one gets back to me, and I just have no idea as to what is going on.

Well, I actually have an idea on a date. Idk if itís the official prelim date or another setting. Itís just that Iím in another state atm and it would be nice to know whether Iím needed, or if theyíre gonna call a prop 115.

It would just be nice to know.
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Old 03-10-2019, 04:53 PM
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Originally Posted by Mickys_girl888 View Post
My boyfriend was arrested in January, and itís been over 2 months and thereís been no prelim. How long can a court hold off on this for?

I havenít spoken with my detective since late January after multiple attempts to reach out, and Iíll be trying to contact his supervisor. Iím just frustrated, because no one gets back to me, and I just have no idea as to what is going on.

Well, I actually have an idea on a date. Idk if itís the official prelim date or another setting. Itís just that Iím in another state atm and it would be nice to know whether Iím needed, or if theyíre gonna call a prop 115.

It would just be nice to know.

If he is on active parole or probation they can hold him a little while without going to prelim. As far as the detectives talking to you That may not be a option. Unless you are a witness or a victim of his offense. Somewhere some one may have waived time also Usually you have your prelim two weeks after being arranged, but either party could ask for a continuance due to the complicacy of the matter This is a very generalization
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Old 03-10-2019, 05:59 PM
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If he is on active parole or probation they can hold him a little while without going to prelim. As far as the detectives talking to you That may not be a option. Unless you are a witness or a victim of his offense. Somewhere some one may have waived time also Usually you have your prelim two weeks after being arranged, but either party could ask for a continuance due to the complicacy of the matter This is a very generalization
Iím the victim of his offense. Itís unfortunately for DV and I canít even talk to him to see whatís going on, because thereís a restraining order that the judge placed without my consent.

So I need to know whatís going on because itís mine and my boyfriends case. And I have no idea whatís going on because no one is getting back to me.
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Old 03-10-2019, 07:11 PM
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Sometimes, for whatever reason, cases may seem to be taking too damned long. You're anxious, frustrated going on angry. Stop. Breathe. Often those involved (detective, prosecutor, attorney, etc) are working the case, as in speaking to witnesses (if applicable) , gathering evidence (facts / stats / research), possibly communicating with each other....and they all probably have other cases that are much closer to trial than yours.

What has to be done will be done when it needs to be done.....yes, its a hurry up and wait thing, just like most other things having to do with our injustice system. Its taken longer than a year (more than once) for My Mr to get through the court system.

For now, until you hear otherwise, just breathe...and take care of YOU.
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Old 03-12-2019, 01:35 PM
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Quote:
Originally Posted by Mickys_girl888 View Post
My boyfriend was arrested in January, and itís been over 2 months and thereís been no prelim. How long can a court hold off on this for?

I havenít spoken with my detective since late January after multiple attempts to reach out, and Iíll be trying to contact his supervisor. Iím just frustrated, because no one gets back to me, and I just have no idea as to what is going on.

Well, I actually have an idea on a date. Idk if itís the official prelim date or another setting. Itís just that Iím in another state atm and it would be nice to know whether Iím needed, or if theyíre gonna call a prop 115.

It would just be nice to know.
The prosecutor's office responsible for the case may have what is sometimes called a victim/witness coordinator or office. As the listed victim, you should have received that person's or office contact information, and you should be contacted them for updates - not the detective, who may be largely out of the picture at this point.
It is a process, and it may seem at times that long periods go by with no activity, but this all will come to a head soon enough.
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Old 03-13-2019, 02:10 AM
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Quote:
Originally Posted by Mickys_girl888 View Post
Iím the victim of his offense. Itís unfortunately for DV and I canít even talk to him to see whatís going on, because thereís a restraining order that the judge placed without my consent.

So I need to know whatís going on because itís mine and my boyfriends case. And I have no idea whatís going on because no one is getting back to me.

The judge issue this restraining order for your own protection and good. Even though you may not think so at this time. When this matter is set for prelim. you will be notified if your testimony is necessary. It is very unlikely that this RO will ever be removed . Contact victim services they work hand and hand with the District Attorney in keeping witness and victims informed on the matter. Victim Services may also arrange to accompany you on your court dates for support. This matter will be settled in due time, just be patient.

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Old 03-15-2019, 02:57 AM
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The judge issue this restraining order for your own protection and good. Even though you may not think so at this time. When this matter is set for prelim. you will be notified if your testimony is necessary. It is very unlikely that this RO will ever be removed . Contact victim services they work hand and hand with the District Attorney in keeping witness and victims informed on the matter. Victim Services may also arrange to accompany you on your court dates for support. This matter will be settled in due time, just be patient.

No I need them to remove the RO. Which is why I’m gojng to appeal it. My boyfriend is going to prison (or so I’ve been told) so there’s no need to have one while he’s in there. He wants to talk to me as much as I want to talk to him. I love him. He’s just very sick. Our mutual friend has disappeared outta nowhere and she was a great support system for us. (Idk what’s going on with her.) But my boyfriend needs a support system too. I have a few good friends. So I’m good, but even people with demons need to see the light to know it. (If that makes sense).

From the few abuser DV success stories I’ve read about. They all said what helped them through prison and healing was having “support and a good friend that stuck by them” I want my boyfriend to know I’m still here.

If he ends up not wanting to be helped, only then will I walk away knowing I at least tried. But he hasn’t turned down help. So I’m still here.

I just can’t talk to him...yet

I see you’re from CA too. Thanks for the victim services advice. I will be in contact with them.

Last edited by Mickys_girl888; 03-15-2019 at 03:05 AM..
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Old 03-17-2019, 11:29 AM
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You have an entire criminal justice system who will be trying to protect you. It is doubtful that you will get the restraining order removed. They will leave it in place to make sure it is there when your boyfriend finishes his term.

You won't be entitled to much information, they will contact you when they need you. To perceive the case as yours sounds like you think you have committed a crime, but I'm sure you haven't. Hope you get some enlightenment and help and take advantage of this break to get to a better place where society doesn't have to worry about your safety.
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