Contesting A Restraining Order

Grapeshot · Jul 15, 2014

MontanaResident said:
Most lawyers aren't worth spit. They charge exorbitant fees, to file papers and write letters. Once in the courtroom it's all about the judge. People are best served in working out issues amongst themselves and to avoid lawyers and the courts.

Grapeshot said:
Bite the hand that feeds you much? The owners of OCDO are both attorneys and give us much more than that for which we pay.

Also, it is against Forum Rules to insult/attack anyone based on their occupation:

NO PERSONAL ATTACKS: While you may disagree strongly with another poster based upon their opinion, we will NOT tolerate any personal attacks or general bashing of groups of people based upon race, religion, national origin, sex, sexual orientation, gender-identity or choice of occupation (e.g., being a law enforcement officer, in the military, etc).

I know a number of attorneys who have taken cases pro bono, sometimes not even charging for out of pocket expenses. An even greater number have defended at considerably reduced rates.

MontanaResident said:
No offense directed at you or the other poster responded to. Certainly some lawyers are outstanding servants to the public good. And some are not so. Perhaps not in your bag of experiences is to have met one that is a glorified "Ambulance Chaser", that abuses the system, promotes fraud and attempts to make victims of those in the blast radius. My brother is an Architect and he went thru the legal system (at cost to himself) as a man/lawyer attempted to sue everybody that put pen to paper, delivered supplies, poured an ounce of concrete, or drove a nail into a board on his not perfect home. Get to know a doctor or two, or talk to yours. Lawyers encourage plaintiffs to go after health service providers, cause they got money or liability insurance such that money is paid to avoid what is called nuisance suits. The legal system is rife with abuse and it's lawyers that drive it.

Perhaps you thought that I was simply disagreeing or did not have the depth of experience to understand your overly broad brush reply - such is not the case. I was directly correcting in accordance with our rules, just a gentler way than I might have.

Whether attorney, LEO, or any other category, individual conduct is an acceptable point - it will not be open season to collectively castigate them.

MontanaResident · Jul 15, 2014

Grapeshot said:
Perhaps you thought that I was simply disagreeing or did not have the depth of experience to understand your overly broad brush reply - such is not the case. I was directly correcting in accordance with our rules, just a gentler way than I might have.

Whether attorney, LEO, or any other category, individual conduct is an acceptable point - it will not be open season to collectively castigate them.

I'm glad you have taken no offense, and your elegant handling of these mistaken rule infractions is to be commended, which I do! Have a good day.

peter nap · Jul 17, 2014

Eddy, I've been unusually quiet lately but reading this thread necessitated some sort of reply.

It's upsetting to hear that kind of family problem but it happened so you need to deal with it.

As usual, the best advice has come form Skidmark and Grapeshot ad I can only echo what Skid said.....YOU NEED A LAWYER, NOW!.

Find one that will take payments, use the baby money, whatever but get that lawyer.
Take a deep breath and prepare yourself for whatever happens because the law isn't fair and yes, it's a money game.

This board gives good advice but you need a mouthpiece as well as knowledge.

Good luck to you and your wife!

zoom6zoom · Jul 18, 2014

Lawyers can be a lot like firearms. Sometimes just seeing that you have one will make the other guy back off.

skidmark · Jul 18, 2014

We have not heard from the OP for several days. Did the restraining order just never happen? Or was he hauled off to jail when the cops tried to serve it? Or were there space aliens involved - with or without probulation?

Inquiring minds are inquiring.

stay safe.

Esanders2008 · Jul 18, 2014

skidmark said:
We have not heard from the OP for several days. Did the restraining order just never happen? Or was he hauled off to jail when the cops tried to serve it? Or were there space aliens involved - with or without probulation?

Inquiring minds are inquiring.

stay safe.

The restraining order was never served, although we do know it was signed and ordered. (I'm guessing VBPD had more pressing matters.) No one in my house has been arrested, and we called the warrant unit to confirm any warrants (there were none.). At this point, we are awaiting my mom's trial. It has been asked of us to drop the charges, or simply not show up to court. I don't think we will ignore any summons if we get them.

Does anyone know (yes yes, get a lawyer...) if we can request that the judge order counseling and completing of an anger management class in lieu of a guilty verdict? I know they do something very similar for first time DV arrests.

Finally, while we can neither confirm nor deny any alien involvement, I can assure you no probulation occurred.

peter nap · Jul 18, 2014

Esanders2008 said:
Does anyone know (yes yes, get a lawyer...) if we can request that the judge order counseling and completing of an anger management class in lieu of a guilty verdict? I know they do something very similar for first time DV arrests.

I don't know anything about restraining orders Eddy, although I keep hoping one of those dog hunters will post something threatening so I can get one....Let's see them hunt without a gun :lol:

BUT I strongly suspect the Commonwealths Attorney or assistant will handle the case against your mother. BTW, the crime is against the Commonwealth so none of you can drop the charges unless the Commonwealth agrees.

You can speak to the CA since you two are the victims, and ask him/her to request anger management, etc and I suspect they will go along with it.

Esanders2008 · Jul 18, 2014

peter nap said:
I don't know anything about restraining orders Eddy, although I keep hoping one of those dog hunters will post something threatening so I can get one....Let's see them hunt without a gun :lol:

BUT I strongly suspect the Commonwealths Attorney ot assistant will handle the case against your mother. BTW, the crime is against the Commonwealth so none of you can drop the charges unless the Commonwealth agrees.

You can speak to the CA since you two are the victims, and ask him/her to request anger management, etc and I suspect they will go along with it.

Would the CA still be prosecuting even if the arrest was for violation of a city ordinance? (The charge listed is the Chesapeake city ordinance regarding assault and battery)

peter nap · Jul 18, 2014

Esanders2008 said:
Would the CA still be prosecuting even if the arrest was for violation of a city ordinance? (The charge listed is the Chesapeake city ordinance regarding assault and battery)

Yeah, he/she would. Most localities just copy the Va Code into the local laws (Dillon Rule) so they can keep the fine money instead of turning it over to the State. A class one misdemeanor is a class one misdemeanor.

Esanders2008 · Jul 18, 2014

So when would we be notified of the trial? We haven't received any information, even though the defendant was arrested, released on bond, and had what I believe was an arraignment today.

peter nap · Jul 18, 2014

Esanders2008 said:
So when would we be notified of the trial? We haven't received any information, even though the defendant was arrested, released on bond, and had what I believe was an arraignment today.

Check with the Clerks office tomorrow, then call the CA and see who is handling it, then call and talk to them.

What I'm telling you is properly termed Internet Advice and should never be considered correct. First court hearing BTW, is a do you have a lawyer day.

JoeSparky · Jul 18, 2014

All depends on if the prosecution is planning to.use you as a witness. Oh, and any communication to you be the one charged in an effort to affect any testimony you may or may not give is "witness tampering"!

Esanders2008 · Jul 18, 2014

Thanks for the advice. I'll have Courtney call Monday to see who is handling the case. I wasn't sure if the CA would prosecute, because I previously filed charges on a young woman who assaulted me at a club, and there was no CA prosecuting that case.

Blk97F150 · Jul 18, 2014

Esanders2008 said:
Thanks for the advice. I'll have Courtney call Monday to see who is handling the case. I wasn't sure if the CA would prosecute, because I previously filed charges on a young woman who assaulted me at a club, and there was no CA prosecuting that case.

You can also check the Virginia Court Case Information website. Go to the link below, click the Case Information link under General District Court, confirm the number on the image, then on the left side choose the court, then click the Name Search under Traffic & Criminal. Search by name.... and poof... you should get basic information about the case, the court date, the exact charge, etc. Handy little tool. I discovered that my neighbor was in 'sales distribution' previously. :uhoh:

http://www.courts.state.va.us/caseinfo/home.html

skidmark · Jul 18, 2014

Yes, Courtney can ask the CA to seek anger management. The judge can hand down a "deferred adjudication" - no sentence on condition of completion of court-imposed conditions which usually include not violating and laws for X months/years. Or the judge can send her to jail. Or sentence her to X months jail suspended Y months/years on condition of meeting both standard probation conditions plus any special conditions such as completing anger managenent classes, paying restitution for medical expenses, or if he wants to making her stand on a street corner wearing a sign telling everybody what she did and how that makes her a poor citizen.

The conditions here http://www.fairfaxcounty.gov/courts/non-residential-sentencing-options.htm are pretty much standard across the Commonwealth. Some of the programs may not be available in all jurisdictions.

And yes, contact the Clerk of the General District Court and find out the trial date. Ask the CA to subpeona both of you so that you can take avantage of the protections against your employer not giving you time off to attend. You may also be eligible for milegage, parking fes, and maybe even meal reimbursement.

stay safe.

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.

Esanders2008 · Jul 18, 2014

skidmark said:
Yes, Courtney can ask the CA to seek anger management. The judge can hand down a "deferred adjudication" - no sentence on condition of completion of court-imposed conditions which usually include not violating and laws for X months/years. Or the judge can send her to jail. Or sentence her to X months jail suspended Y months/years on condition of meeting both standard probation conditions plus any special conditions such as completing anger managenent classes, paying restitution for medical expenses, or if he wants to making her stand on a street corner wearing a sign telling everybody what she did and how that makes her a poor citizen.

The conditions here http://www.fairfaxcounty.gov/courts/non-residential-sentencing-options.htm are pretty much standard across the Commonwealth. Some of the programs may not be available in all jurisdictions.

And yes, contact the Clerk of the General District Court and find out the trial date. Ask the CA to subpeona both of you so that you can take avantage of the protections against your employer not giving you time off to attend. You may also be eligible for milegage, parking fes, and maybe even meal reimbursement.

stay safe.

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.

Great resources! I am curious as to why you would ask them to serve an expired restraining order. I'm sure there is a reason, but it is unclear to me.

skidmark · Jul 19, 2014

Esanders2008 said:
Great resources! I am curious as to why you would ask them to serve an expired restraining order. I'm sure there is a reason, but it is unclear to me.

1 - because it should have been done and they need to submit a return to the court showing when it was served. If they just sit on it no return is filed so the court has no idea they have been sitting on it.

2 - as you note, it is no longer in effect but you still need it for your records. You may need it later on when you deal with her mom.

3 - (and see #1 above) because it seems the clerk is not tracking these things on its own, which it should be dooing.

4 - making the cops and the clerk do their jobs sets things up for the next person needing a restraining order to have it served properly. (Yeah, we know how much protection a sheet of paper provides against a determined attacker. But at least their heirs will have something to base their civil suits on.)

stay safe.

wrearick · Jul 22, 2014

I believe there has been discussion on two different restraining orders, one on the mother and a retalitory one on you and your wife. correct? and if I followed correctly the retailitory order is the one you have been discussing as filed but not served? (losing your RKBAs while/if served a restraining order was a major concern). If I am correct (and not confused) I would not insist on the order being served on me or my wife.

Esanders2008 · Jul 22, 2014

wrearick said:
I believe there has been discussion on two different restraining orders, one on the mother and a retalitory one on you and your wife. correct? and if I followed correctly the retailitory order is the one you have been discussing as filed but not served? (losing your RKBAs while/if served a restraining order was a major concern). If I am correct (and not confused) I would not insist on the order being served on me or my wife.

You are 100% correct.

ETA: Even if they served the expired order, it is expired, and wouldn't impact our RKBA if I understand correctly.

skidmark · Jul 22, 2014

Esanders2008 said:
You are 100% correct.

ETA: Even if they served the expired order, it is expired, and wouldn't impact our RKBA if I understand correctly.

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.

Contesting A Restraining Order

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