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Contesting A Restraining Order

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
This has been responded to in several earlier posts. Asking again for confirmation of what you understand is possibly a sign that you are having a problem understanding not-too-complicated concepts.

And for you to clarify things for us:

1 - did you get the court date for your mother-in-law's trial on the charge your wife brought against her?
2 - have you actually talked with the Commonwealth Attorney about your mother-in-law seeking to have your wife "drop" the charge or face having a restraining order taken out against both you and your wife?
3 - have you asked the Commonwealth Attorney to subpeona you as a witness on the assault charge against your mother-in-law?

If the answer to any of the above is "No" please present your (anticipated to be pathetic) reasons as to why not.

stay safe.

I don't really appreciate having my intelligence insulted. Perhaps you are having difficulty understanding not-too-complicated concepts, since you refer to my mother-in-law, when in fact, we are talking about MY mother. I like to think of this forum as a place to seek out help, and to tap the wisdom of people who are more experienced than myself, not as a place to be talked down to.

I do indeed have a court date: 8/19/14 Case number GC14005168-00. The defendant has an attorney, which is something I didn't expect. The complainant is listed as my wife. There is no mention of a CA anywhere, so I will contact the court this afternoon to find out if there is one. Since I don't know who the CA is, I obviously can't talk to him/her about #2. As for #3, my wife gave the magistrate my information and requested that I be subpoenaed for the trial.
 

Wolf_shadow

Activist Member
Joined
Jul 5, 2006
Messages
1,215
Location
Accomac, Virginia, USA
I don't really appreciate having my intelligence insulted. Perhaps you are having difficulty understanding not-too-complicated concepts, since you refer to my mother-in-law, when in fact, we are talking about MY mother. I like to think of this forum as a place to seek out help, and to tap the wisdom of people who are more experienced than myself, not as a place to be talked down to.

I do indeed have a court date: 8/19/14 Case number GC14005168-00. The defendant has an attorney, which is something I didn't expect. The complainant is listed as my wife. There is no mention of a CA anywhere, so I will contact the court this afternoon to find out if there is one. Since I don't know who the CA is, I obviously can't talk to him/her about #2. As for #3, my wife gave the magistrate my information and requested that I be subpoenaed for the trial.
is the case in VA Beach? That case number comes to a male subject charged with grand larceny >=$200. :confused:
 
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wrearick

Regular Member
Joined
Mar 6, 2013
Messages
650
Location
Virginia Beach, Va.
...ETA - IF YOU BELIEE A RESTRAINING ORDER HAS BEEN ENTERED BUT NOT SERVED contact the Clerk of the General District Court and 1) confirm the order was entered and 2) ask them to get it served - even if it is now expired.

Skid, not sure why he would contact the clerk of the court and ask them to serve him and his wife with a restraining order? I can see his mother contacting the court and asking why the restraining order she petitioned for against them had not been served but for them to complain that an order against them be served doesn't make much sense (unless it would be used as proof that the mother was seeking to retaliate). I wouldn't go that route unless my lawyer convinced me why it would be in my benefit to ensure I got served.....again, as has been pointed out they need to get legal representation.

(their restraining order against his mother has been filed and served, it is the retalitory order the mother swore out that has not been served)
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
What were you searching for here? It just takes me to the home page.

I just got off the phone with the Clerk's office. The Commonwealth is not prosecuting the case, so there is no CA. I did receive the contact information for the defense attorney, who is a public defender. I would like to know how my mother was able to obtain assistance from their office, because I personally know that my parents' income is much too high to qualify.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
I don't really appreciate having my intelligence insulted. Perhaps you are having difficulty understanding not-too-complicated concepts, since you refer to my mother-in-law, when in fact, we are talking about MY mother. I like to think of this forum as a place to seek out help, and to tap the wisdom of people who are more experienced than myself, not as a place to be talked down to.

I do indeed have a court date: 8/19/14 Case number GC14005168-00. The defendant has an attorney, which is something I didn't expect. The complainant is listed as my wife. There is no mention of a CA anywhere, so I will contact the court this afternoon to find out if there is one. Since I don't know who the CA is, I obviously can't talk to him/her about #2. As for #3, my wife gave the magistrate my information and requested that I be subpoenaed for the trial.

'Scuze me for getting the relationship mixed up, but do you think it really matters?

Of course the defendant has an attorney. They are entitled to one and if they cannot afford one, one will be appointed by the court. I'm guessing she found the money herself but could be wrong.

We have alread explained to you that the crime was committed against the Commonwealth and not your wife. She just happened to be there to get socked/pushed/whatever. Seeing as how the crime is against the Commonwealth it will send its legal representative, the Commonwealth Attorney, to represent it. If for some reason the CA does not appear, your wife needs to jump up and ask the judge for a continuance until the CA shows up (that day or a later date).

ETA: Your mother has an attorney. The Commonwealth Attorney has to show up even if s/he wants to dismiss the charges - and your wife should be told that before the trial starts. Also, she can object to the charges being dismissed - she just has to stand up and tell the judge she objects.

You do not need to have been personally introduced to the Commonwealth Attorney. Their office phone number is listed in the blue pages of the phone book, or you can look it up on line, or you can call 411 and ask for the number of the CA's office in the jurisdiction whee this all happened/will be tried. Call the number and tell the nice person who answers the phone that you want to discuss the defendant threatening to take out a restraining order against both you and your wife if your wife does not agree to "drop" the charges. Or more precisely, that they have in fact done so but that you are still waiting for te police/sheriff to serve the order(s). That nice person will figure out who to connect you with or whose voice mail to connect you to.

It's really nice that your wife asked the magistrate to subpeona you as a witness. But more importantly, did she fill out the form for subpeona of a witness? If not, she can go to the magistrate or to the clerk of the court and fill out the form. Just have her bring the case ID information with her to make things easier.

OR - you could do all of that when you talk with the Commonwealth Attorney.

You need to understand that these matters have been explained and told to you and you have been given instructions on what to do and how to do it. Several times. But you still have not done very much and it seems you are doing all the legwork instead of your wife, the aggrieved party, doing it. Tat's gallant and all, but in reality it is her responsibility.

I cannot speak for anybody else, but I feel as if someone has an agenda they are playing out when they have been told something they need to do and how to do it several times but still come back with questions about what to do and say they don't know how to do it. The agenda I feel they have is to either appear to be a fool or to play the fool for some as-yet undiscovered reason.

I do not suffer fools well. But I do so love playing with them and yanking hard on their chains.

It's after the close of business Tuesday 7/22. You and/or your wife should be able to do all of the above by the close of business Thursday 7/24. I'll be intersted in reading any excuses/explanations you might want to put forth as to why the two of you could not get everything done by then.

stay safe.
 
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wrearick

Regular Member
Joined
Mar 6, 2013
Messages
650
Location
Virginia Beach, Va.
What were you searching for here? It just takes me to the home page.

I thought it was the URL to the case data on the District Court Website. It took a few attempts to find the case and I thought I would post the hyperlink to make it easier for others to find.....guess that didn't work.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Update:

I spoke with someone in the CA's office about prosecuting the case. They told me they would not be involved unless the judge asked them to get involved. I also explained that my mom is threatening to take out bogus restraining orders on us unless we drop the charges. They told me that they couldn't help, and the best advice they had would be to go before the judge after a RO has been issues and try to get it dismissed. I asked about help with witness intimidation, and was told to hire a private attorney, because they are not involved. I asked why a victim should have to hire an attorney, and they said they understand where I'm coming from, but there is nothing they can do.

What now?
 

wrearick

Regular Member
Joined
Mar 6, 2013
Messages
650
Location
Virginia Beach, Va.
You have a date in court......you need a lawyer. Some (most?) arrange payment plans.

This like other things in life should be self evident.. along with:
Don't bring a knife to a gun fight
Don't try open heart surgery on yourself - get a heart surgeon
don't try and give yourself a root canal - get a denist
don't go it alone in court - get a lawyer!
Don't have the money - get a banker, get a loan, and GET A LAWYER!
 
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Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
You have a date in court......you need a lawyer. Some (most?) arrange payment plans.

This like other things in life should be self evident.. along with:
Don't bring a knife to a gun fight
Don't try open heart surgery on yourself - get a heart surgeon
don't try and give yourself a root canal - get a denist
don't go it alone in court - get a lawyer!

But since when does the VICTIM of a crime need to hire a lawyer to see justice done?
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Update:

I spoke with someone in the CA's office about prosecuting the case. They told me they would not be involved unless the judge asked them to get involved. I also explained that my mom is threatening to take out bogus restraining orders on us unless we drop the charges. They told me that they couldn't help, and the best advice they had would be to go before the judge after a RO has been issues and try to get it dismissed. I asked about help with witness intimidation, and was told to hire a private attorney, because they are not involved. I asked why a victim should have to hire an attorney, and they said they understand where I'm coming from, but there is nothing they can do.

What now?

:banghead::banghead::cuss::banghead::banghead:

SEND A LETTER TO THE JUDGE ASKING HIM/HER TO INSTRUCT THE CA TO PROSECUTE THE CASE. Or you could wait till the hearing and ask the Judge to round up a representative from the CA's office to prosecute the case - but why wait till then? (It's not exactly rocket surgery, is it?)

(BTW - if you think it would help, I would be willing to contact the Court and tell them that neither you nor your wife have absolutely any idea how to see that her rights are protected and that she has at least an even chance for receiving justice, as well as asking for the Court to take some basic steps towards addressing those matters.)


You could also call the local TV station and ask them to cover the story of the CA "declining" to prosecute a criminal case. As has been noted and discussed before, this is not a domestic violence case and the CA is going to look pretty foolish saying it's just an issue between relatives.

QUESTION: Did you talk with anyone who specifically works in the Victim/Witness Program? You know, those folks who are supposed to work to prevent intimidation of victims and witnesses?

From the CA's own website http://www.cityofchesapeake.net/Gov...ts-judicial-offices/commonwealth-attorney.htm

This Office works closely with the Victim/Witness Program through the Sheriff's Office. It is through this collaboration that the needs and rights of victims and witnesses are addressed and protected.

The Sheriff's website does not have much about the program on the page http://www.chesapeakesheriff.com/victimwitness.html supposedly about the program, but you could always contact them

CHESAPEAKE SHERIFF'S OFFICE
401 Albemarle Drive
Chesaepake, VA 23322
757-382-6159
office@chesapeakesheriff.com
www.ChesapeakeSheriff.com

and at least get the name of the person who tells you they don't give a tinker's damn about your wife or you being intimidated. If nothing else you would then have a name to give to the folks at the TV station.

stay safe.
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
There are two kinds of people in this world: those who invite the law into their lives, and those who do everything they can to avoid its interjection.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
There are two kinds of people in this world: those who invite the law into their lives, and those who do everything they can to avoid its interjection.

From what info we have been given esanders' wife (and he) pretty much tried to stay in the second category. Or are you suggesting that Mrs. ES should have not filed charges againt someone who assaulted her?

stay safe.
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
Or are you suggesting that Mrs. ES should have not filed charges againt someone who assaulted her?

I think can we all see where that got him. :lol: His mother's response is as predictable as sunshine after rain.

Yes, that's exactly what I'm suggesting. Even in an ideal world, this is not the sort of assault which necessitates intervention by the state. In our world, it's not a small fraction of what would make such intervention a good idea.

Record everything. Defend yourself if necessary. Otherwise, disengage.
 
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