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Remove warrent for domesitc voilence Arrest, Search, Seizure, Warrant

Discussion in 'Criminal Records, Expungement' started by lilbrotherhelp, May 24, 2015.

  1. lilbrotherhelp

    lilbrotherhelp Law Topic Starter New Member

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    Hello , I am trying to help my younger brother that has been living a real mess for a couple of years. I am not sure what the correct process is to help him. recently found out that my Brother who is currently living with his Girlfriend / wifie for the the last 9 years had and altercation with her about 2 or 3 years ago. She called the police on my younger brother and had him arrested for domestic Volience. So she but a restraint order on him. Or some sort of warrent that he is not to be around her. But they are living together, and act like nothing is wrong. Until she gets mad and is treating to call the police and have him arrested for any little dispute.

    The rest of the family recently found out because she got drunk and started to ask him when they were going to get married. He answered maybe if she took the retraining order off or the arrest warent. She then got angry and infront of their childeron and our family started to go and threating to call the police right now that he is not supose to be with around her or their 2 children. 7 and 5 little girls. after about 2 hours she cooled down and said she was just joking.

    I have kept up with my brother and it looks like this is a constant battle in their household. She kicks him out and then ask him back. She has called the police and he has had to leave.

    How can my brother get this removed? It does not seem legal that she can willing allow him to live with her and then when she chooses just kick him and threaten to have him thrown in to jail. Please help and thank you for your advice.
  2. CdwJava

    CdwJava Moderator

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    If he was charged with domestic violence, it is not uncommon for the COURT to issue a criminal protective order on its own initiative, or, at the request of the DA. Or, the girlfriend could have obtained one through the court as a result of the incident. Having said that, there are two general types of orders: Those commanding the restrained party to have NO contact with the protected party at all, and, those that allow only for PEACEFUL contact with the protected party. The latter gives the girlfriend a huge amount of power, because the minute they argue over dinner, he could potentially go to jail.

    If this is a NO CONTACT order, then he needs to get out and stay out! If it is peaceful contact and she has him arrested when he gets her miffed, he needs to GET OUT!

    Keep in mind that the ONLY mandatory arrest criminal offense in California is the violation of a DV restraining/protective order.

    I doubt there is any arrest warrant. She does not have the ability issue one, only the court can. And if he had a warrant, it would have been served the last time the cops were called ... and if he has one, he's an idiot because it would not go away no matter how long he were to remain a fugitive from justice.

    Sounds like he has the no contact order. Your brother is a moron! He needs to get out now!

    He can hire an attorney and then go back to court pointing out the fact that she has allowed him to stay with her so she clearly is not that scared of him. On the other hand, she might tell the court that she's afraid to call the police or is afraid of what he might to do if she does not let him back ... it may not go so well for him.

    He should speak with an attorney, consider divorce, and address shared custody of the kids. At this point he's living on borrowed time and if arrested he could lose any real chance of visitation with the kids. Further, if she keeps letting him back after a DV and with the DV TRO/CPO CPS might get involved and could seize the children for their protection.

    It's NOT legal. But, HE is the one breaking the law!

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