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needadvice1 · Apr 25, 2009, 06:59 AM

I was arrested for domestic violence 2 counts and a order of protection followed. Another hearing followed and it was extended for 2 years ( based on lies and recent arrest ).
I fought the charges and went to trial and was found not guilty. Can I now have the protection order removed because it was based on arrest that was not my fault ? HELP

N0help4u · Apr 25, 2009, 07:24 AM

What do you hope to accomplish?
To have it off your record or to be able to see her without having the order hanging over your head?
Does she want to see you too?

needadvice1 · Apr 25, 2009, 08:04 AM

I have been with her and the kids back at the house off and on over the past 3 months but the OOP has caused major friction and has been used as a threat to try and control me. There is more if responses warrant .

excon · Apr 25, 2009, 09:12 AM

Hello need:

I don't need more. She's ready to call the cops if you don't buckle under. This is a catastrophe waiting to happen. I don't know what to DO about it. I just know it ain't going to end well.

From a legal standpoint, which was your question, after all, I don't think you can get the OOP removed. It's a civil order, so whether you were or weren't convicted on the underlying criminal matter, doesn't change the complexion of the OOP.

Is anybody undergoing counseling, like anger management? Look. I don't know who hit who. I don't care. But without intervention, somebody is going to get hit again, and somebody is going to jail.

excon

Fr_Chuck · Apr 25, 2009, 11:13 AM

Unless the protection order has a end date, you have to go to court, the not guility may not be enough, but a history of no issue and the girlfriend testifying would be enough.

But she is trying to blackmail you, do you really want that to b e a person you are with

needadvice1 · Apr 25, 2009, 12:24 PM

Originally Posted by Fr_Chuck

Unless the protection order has a end date, you have to go to court, the not guility may not be enough, but a history of no issue and the girlfriend testifying would be enough.

But she is trying to blackmail you, do you really want that to b e a person you are with

The end date is 2 years and I have a mortgage on a newly built home that I cannot live in or even set foot in without the risk of jail. We are married for 10+ years and it has been very trying.