Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > CALIFORNIA > California Legal Help
Register Entertainment FAQ Calendar Mark Forums Read

California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

Reply
 
Thread Tools Display Modes
  #1  
Old 11-13-2019, 07:00 AM
ChuckysBaby32's Avatar
ChuckysBaby32 ChuckysBaby32 is offline
Registered User
 

Join Date: Nov 2019
Location: Los Angeles, Ca
Posts: 21
Thanks: 6
Thanked 0 Times in 0 Posts
Question Criminal Protective Order: Getting modification order to “peaceful contact”

My man is in there for domestic battery assault on me they put a “stay away” order on him from contacting me he has his ways to obviously get around it but i need a modification order to “peaceful contact” with us i live with his mom and when he got arrested in June obviously i lived with him. so depending on when he gets released i dont want that to effect his chances of not being able to parole at his moms cause im here most likely i would have to leave but we both don't want that! I spoke with his public defender she said reach out to the Judge that handled the case for a possible “on calendar date” so i wrote the judge a letter stating my reasons for the modification and how we still want to be together. Has anyone ever dealt with this kind of situation? Also we would like to get married but i doubt we can if there is that order on us!

Last edited by Patrickj; 11-13-2019 at 11:43 AM..
Reply With Quote
Sponsored Links
  #2  
Old 11-13-2019, 11:57 AM
Patrickj's Avatar
Patrickj Patrickj is offline
Moderator

PTO Moderator 

 

Join Date: Aug 2006
Location: Atwater CA. USA.
Posts: 2,714
Thanks: 2,460
Thanked 2,619 Times in 1,145 Posts
Default

Quote:
Originally Posted by ChuckysBaby32 View Post
My man is in there for domestic battery assault on me they put a “stay away” order on him from contacting me he has his ways to obviously get around it but i need a modification order to “peaceful contact” with us i live with his mom and when he got arrested in June obviously i lived with him. so depending on when he gets released i dont want that to effect his chances of not being able to parole at his moms cause im here most likely i would have to leave but we both don't want that! I spoke with his public defender she said reach out to the Judge that handled the case for a possible “on calendar date” so i wrote the judge a letter stating my reasons for the modification and how we still want to be together. Has anyone ever dealt with this kind of situation? Also we would like to get married but i doubt we can if there is that order on us!

I know you are not going to like what I have to say.
One of you will have to go . It is almost impossible to get a judge to resend any kind of stay away order or restraining order. Reason being there is just to much bad history that surrounds the other judges over the years that have modified these type of things.
Since you are the victim in this crime and his actions against you resulted
in him going to prison. He will have as a parole condition that he must not contact you or be around you. Sure there are ways around these things but should there be any kind of law enforcement contact and you two are together. He will get his parole violated and you could be found in contempt of court for not obeying the original stay away order
You have a very complexed situation here. You both should understand that this protective order was put into effect to save your life . This is how the courts will look at it
Were you allowed to visit him while he is in custody?
__________________
Be a friend to everyone,never know when you may need their help
Reply With Quote
The Following 3 Users Say Thank You to Patrickj For This Useful Post:
ChuckysBaby32 (11-13-2019), safran (11-13-2019), sidewalker (11-14-2019)
  #3  
Old 11-13-2019, 12:08 PM
ambermarshall11 ambermarshall11 is offline
Registered User
 

Join Date: Aug 2018
Location: Nys United States
Posts: 243
Thanks: 5
Thanked 97 Times in 60 Posts
Default

I was in a similar situation for my boyfriend got locked up for aggravated criminal contempt In the 1 St I wrote the judge and asked him if he could vcate the order of protection and he did believe it or not judges do listen to the victim as far as parole is concerned when he gets out it will say stay away till you see your parole officer parole never made him stay away from me either he's coming home Dec 3 Rd I've also visited him to in there but we don't have an order good luck I hope that every thing works out for you and your husband

Last edited by ambermarshall11; 11-13-2019 at 12:18 PM..
Reply With Quote
  #4  
Old 11-13-2019, 12:10 PM
ambermarshall11 ambermarshall11 is offline
Registered User
 

Join Date: Aug 2018
Location: Nys United States
Posts: 243
Thanks: 5
Thanked 97 Times in 60 Posts
Default

Maybe every state is different IDK but thats how NYS works
Reply With Quote
  #5  
Old 11-13-2019, 02:30 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,049
Thanks: 4,339
Thanked 22,064 Times in 7,676 Posts
Default

All states are different, but the trend has been to keep protective orders in place as long as he is on paper and then for years after.

If you want to get any sort of modification, you must do more than write the judge. Judges get requests to modify from DV victims all the time. All the time. Because people die in DV situations, most judges are unwilling to modify based solely on the assertions of the victim or the victim and abuser. You need more than that.

What will help is a statement from your domestic violence counselor, a statement by his therapist, and a shifting of the burden of death to somebody who is a professional. If there is a victim's reconciliation program at the prison, getting involved and successfully completing it will help.

Btw, modification is incremental - starts with phone calls, extends to visits at a therapist's office, and eventually gets rid of the OP entirely.

You can expect to not be allowed to live together or have contact upon his release. They want him to be successful at parole, so they will not allow immediate contact without a huge paper trail of programming success and therapists affidavit that you are not in danger.

Eventually, you can work to the point that you can live together.
Reply With Quote
The Following 3 Users Say Thank You to yourself For This Useful Post:
ChuckysBaby32 (11-13-2019), Patrickj (11-14-2019), sidewalker (11-14-2019)
  #6  
Old 11-13-2019, 03:17 PM
ambermarshall11 ambermarshall11 is offline
Registered User
 

Join Date: Aug 2018
Location: Nys United States
Posts: 243
Thanks: 5
Thanked 97 Times in 60 Posts
Default

I guess my situation was different I didn't have to do any of that NYS must be different with them but I wrote the judge the day of sentencing and asked if he could vacate the order he said yes he's gonna be in prison anyways and never got another one again I do think the judges listen to the victim cause 2 times I got mine thrown away every case is different to good luck
Reply With Quote
  #7  
Old 11-13-2019, 05:16 PM
ChuckysBaby32's Avatar
ChuckysBaby32 ChuckysBaby32 is offline
Registered User
 

Join Date: Nov 2019
Location: Los Angeles, Ca
Posts: 21
Thanks: 6
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by Patrickj View Post
I know you are not going to like what I have to say.
One of you will have to go . It is almost impossible to get a judge to resend any kind of stay away order or restraining order. Reason being there is just to much bad history that surrounds the other judges over the years that have modified these type of things.
Since you are the victim in this crime and his actions against you resulted
in him going to prison. He will have as a parole condition that he must not contact you or be around you. Sure there are ways around these things but should there be any kind of law enforcement contact and you two are together. He will get his parole violated and you could be found in contempt of court for not obeying the original stay away order
You have a very complexed situation here. You both should understand that this protective order was put into effect to save your life . This is how the courts will look at it
Were you allowed to visit him while he is in custody?


No i dont go visit him because of the fact that order is placed
Reply With Quote
  #8  
Old 11-13-2019, 05:18 PM
ChuckysBaby32's Avatar
ChuckysBaby32 ChuckysBaby32 is offline
Registered User
 

Join Date: Nov 2019
Location: Los Angeles, Ca
Posts: 21
Thanks: 6
Thanked 0 Times in 0 Posts
Default

I dont have a counselor because i told the judge and prosecutor he did not do it and i didn't cooperate with the case!
Reply With Quote
  #9  
Old 11-13-2019, 05:25 PM
ambermarshall11 ambermarshall11 is offline
Registered User
 

Join Date: Aug 2018
Location: Nys United States
Posts: 243
Thanks: 5
Thanked 97 Times in 60 Posts
Default

Oh okay maybe that's why they put the order to stay you didn't agree with the case my boyfriend coped out
Reply With Quote
  #10  
Old 11-13-2019, 05:30 PM
ChuckysBaby32's Avatar
ChuckysBaby32 ChuckysBaby32 is offline
Registered User
 

Join Date: Nov 2019
Location: Los Angeles, Ca
Posts: 21
Thanks: 6
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by ambermarshall11 View Post
Oh okay maybe that's why they put the order to stay you didn't agree with the case my boyfriend coped out

What do you mean? Yes i didnt agree nor go to any of his hearings cause technically he was charged with running from cops and having a gun not DV they just seen bruises on me when i was questioned due to the fact that i was with him when it happened the day of his arrest with the gun.
Reply With Quote
  #11  
Old 11-13-2019, 05:43 PM
ambermarshall11 ambermarshall11 is offline
Registered User
 

Join Date: Aug 2018
Location: Nys United States
Posts: 243
Thanks: 5
Thanked 97 Times in 60 Posts
Default

Oh okay i mean when he was sentenced I had to go along how do they consider that dv then if they never saw anything and you didn't call that's crazy that they did that
Reply With Quote
  #12  
Old 11-13-2019, 06:24 PM
ChuckysBaby32's Avatar
ChuckysBaby32 ChuckysBaby32 is offline
Registered User
 

Join Date: Nov 2019
Location: Los Angeles, Ca
Posts: 21
Thanks: 6
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by ambermarshall11 View Post
Oh okay i mean when he was sentenced I had to go along how do they consider that dv then if they never saw anything and you didn't call that's crazy that they did that

Yes he was sentenced still for having the gun and they added DV battery smh! Thats LA County for you! :/
Reply With Quote
  #13  
Old 11-13-2019, 07:44 PM
ambermarshall11 ambermarshall11 is offline
Registered User
 

Join Date: Aug 2018
Location: Nys United States
Posts: 243
Thanks: 5
Thanked 97 Times in 60 Posts
Default

Omg that's nuts my man is going nuts in there talking crazy to me smh always thinks cheating hate that crap then says he's gonna do this and that when he comes home I hope not cause I'll be heartbroken shouldn't have to prove my self to him
Reply With Quote
  #14  
Old 11-13-2019, 08:04 PM
patchouli's Avatar
patchouli patchouli is offline
PTO Administrator

PTOQ Editorial Team Member Staff Superstar Two Time Winner Staff Superstar Winner 

Donation Award 
 

Join Date: Sep 2006
Location: Kentucky
Posts: 42,619
Thanks: 43,222
Thanked 36,185 Times in 16,675 Posts
Default

Can we stay on topic, please?

ChuckysBaby32, every jurisdiction has a Local Rules of Court that outlines the procedures to be followed (ex: When & how to file a Motion; When Motion Hearings are held, etc), how to format paperwork presented to the Court; pretrial, mediation, Family Court, anyting having to do with the courts probably has a procedure - and rules. Writing a letter to the Judge, IMHO, isn't going to get you a response from the Judge. If you want an "official, on the record" response your request for Peaceful Contact will have to be heard in open court.
__________________
prisontalkhelp@gmail.com

patchouli, PTO Admin



Reply With Quote
The Following 2 Users Say Thank You to patchouli For This Useful Post:
jessesgirl1111 (11-15-2019), sidewalker (11-14-2019)
  #15  
Old 11-13-2019, 08:21 PM
ChuckysBaby32's Avatar
ChuckysBaby32 ChuckysBaby32 is offline
Registered User
 

Join Date: Nov 2019
Location: Los Angeles, Ca
Posts: 21
Thanks: 6
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by ambermarshall11 View Post
Omg that's nuts my man is going nuts in there talking crazy to me smh always thinks cheating hate that crap then says he's gonna do this and that when he comes home I hope not cause I'll be heartbroken shouldn't have to prove my self to him


Omg same but ive been loyal i love him the only issue is that we have is his fat baby mama putting money on his books to try and break us up ugh it wont work tho he told his mom he loves me and wants me! I know i got him like that
Reply With Quote
  #16  
Old 11-13-2019, 09:20 PM
ambermarshall11 ambermarshall11 is offline
Registered User
 

Join Date: Aug 2018
Location: Nys United States
Posts: 243
Thanks: 5
Thanked 97 Times in 60 Posts
Default

Oh really I thought I was the only one lol oh really that's crazy me to he tries to call me all day are you able to talk to him when he was in the county and there was an order in place he used to use another name so we can talk
Reply With Quote
  #17  
Old 11-13-2019, 09:23 PM
ambermarshall11 ambermarshall11 is offline
Registered User
 

Join Date: Aug 2018
Location: Nys United States
Posts: 243
Thanks: 5
Thanked 97 Times in 60 Posts
Default

It's hard when your in a situation and there is an order it's like you feel so helpless cause you got to walk on eggshells but you gotta do what you gotta do for your loved one Im sure that things will get better for the both of you
Reply With Quote
The Following User Says Thank You to ambermarshall11 For This Useful Post:
ChuckysBaby32 (11-13-2019)
  #18  
Old 11-13-2019, 09:25 PM
patchouli's Avatar
patchouli patchouli is offline
PTO Administrator

PTOQ Editorial Team Member Staff Superstar Two Time Winner Staff Superstar Winner 

Donation Award 
 

Join Date: Sep 2006
Location: Kentucky
Posts: 42,619
Thanks: 43,222
Thanked 36,185 Times in 16,675 Posts
Default

Ladies, please use the private message system or a chit chat thread for your conversation. There may be other members and guests that would very much like to have the answers to the OP's questions for their own situation
__________________
prisontalkhelp@gmail.com

patchouli, PTO Admin



Reply With Quote
The Following 4 Users Say Thank You to patchouli For This Useful Post:
jessesgirl1111 (11-15-2019), LifeTraveler (11-14-2019), Patrickj (11-14-2019), sidewalker (11-14-2019)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Anyone denied visits due to criminal protective order? jm63013 California Prison Visitation - General Q&A 17 09-15-2014 09:12 AM
I Want to be Removed from the Criminal Protective Order msmarrie California Legal Help 1 02-25-2014 06:49 AM
Court ordered criminal protective order? ycvtw The Nimuay Domestic Violence Support Forum 8 11-13-2012 07:29 PM
Can I visit?~We have a peaceful no-contact order. marcheh California Prison Visitation - General Q&A 3 08-06-2010 12:24 PM
Criminal Protective Order aka Restraining order question totally confused DDSkeletor California Legal Help 3 07-18-2009 12:27 AM


All times are GMT -6. The time now is 05:28 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics