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Criminal Defense Q&A: My Boyfriend and I Want to Get Married — How Do We Terminate His Criminal Restraining Order?

Question:

My boyfriend had a protective restraining order against him by the state in my behalf. The judge modified the order and made it to a peaceful contact. Does this peaceful contact now allow us to get married?  This was all done in Orange, California.

Answer:

Allowing for peaceful contact does not affect you and your boyfriend’s ability to get married. People are free to marry whether or not a restraining order is in effect. It is not unheard of for couples to reconcile during the months that it takes to resolve a domestic violence case.

Once a criminal protective order is in place, it will remain in effect for the duration of the case and, if the accused is ultimately convicted of domestic violence, for up to 10 years after the conviction. Penal Code 136.2(a)(1), (i)(1); People v. Stone (2004) 19 Cal. Rprtr. 3d 771, 775.

To be prudent, you and your boyfriend may wish to terminate the restraining order before getting married. That way, the restraining order won’t be an issue if the two of you ever experience another disagreement.

In Orange County, the victim, the restrained person, or both can petition the Court to terminate the criminal restraining order early. At a hearing, the Court will listen to both sides and decide whether to end the restraining order early or allow it to remain in effect.

Even if the Court lets the restraining order remain in effect with peaceful contact, there is still a benefit to petitioning the Court. By doing so, you can specifically ask the Court to delete terms within the restraining order that prevent your boyfriend from contacting you or being around you. If the Court grants your request, then the restraining order will effectively be nullified.

A criminal defense attorney in your area should be able to assist you with petitioning the Court, as well as with presenting you and your boyfriend’s request to the Court in a persuasive and professional manner.

Read other criminal defense attorney answers at Avvo: My Boyfriend and I Want to Get Married — How Do We Terminate His Criminal Restraining Order?

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