[Jollene]

My domestic partner of 11 yrs.hit me and we fought. The cops were called and she was arrested. Before her release she had to appear in court, the DA filed charges and the judge ordered a PERMANENT restraining order? Is this legal? How do I cancel this restraining order? I never filed charges or appeared in court. I only had a temporary 5 day restraining order. How can a permanent restraining order be filed without either party pressing charges nor asking for one?

[Fr_Chuck]

The judge and issue a order for the protection of the victim who often does not use proper judgement in returning to a abusing partner. It is very legal. You will have to file in court to have it over turned. The court will most likely want to see the partner who did the abusing to have completed perhaps a anger management course or something like that. ( or counseling perhaps)

In domestic abuse, the victim does not have to file charges, in fact in many US states the police who respond to a police car are required to charge the person they feel is the one who harmed the other.

Judges are getting tougher and tougher on this, since what happens, the one person is arrested, the victim then goes and posts bail and they return in a day or two. Then the police are back to their home in a month for more abuse, it happens again and again, and the abuse gets worst and worst.

So you need to decide if you are willing to be hit again and again, or if you want to move on to find someone who is not abusive