QUESTION
I wrote a letter to the judge to remove the restraining order and the judge wants me to appear in court. What happens if I don’t?
Asked on Dec 06th, 2012 on Criminal Law - New Jersey
More details to this question:
My husband and I got into a physical dispute when I was drinking. Both of us are at fault for drinking and fighting. I put my hand through a window. I was taken to the hospital. I was just walking to my mother’s and someone picked me up and dragged me to the hospital. Then they called my mom. I wrote an over dramatic statement left handed while intoxicated. I was pissed about our family problems going on. I have anger issues and PTDS. My husband’s Micronesian. We have been together for seven years and married three. The judge says he won't dismiss and I have to show up for court. This is the second occurrence.
8 ANSWERS
Thomas Edward Gates
If you do not show the judge will reject your request.
Answered on Dec 10th, 2012 at 2:03 PM
John J. Carney
You are not telling me if told the truth or lied in your statement. The judge and prosecutor are used to having women want to "drop the charges" and lie to sat that it was their fault or that they started he fight to try to help their spouse. They will arrest you if you say that you lied in the police report or on the supporting deposition. It may be both of your faults, but if he hit you it is a domestic violence assault and he is going to need a good lawyer to get a good resolution, especially on a second offense. Uneducated, violent, alcoholic men do not know how to communicate and they abuse others when they are upset or don't get their way. They need counseling and education to show them how to act, not an enabling wife that allows herself to be abused over and over.You both need counseling and you both need to learn how to communicate properly without violence.
Answered on Dec 09th, 2012 at 10:32 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If the judge has ordered you to appear. I suggest that you do so. Certainly, if you do not appear, the restraining order will NOT be lifted. You say this is the second occurrence. Does that mean the second time the police and courts were involved? If so, I would bet that there have been far more incidents between you and your husband. It sounds like there are a lot of issues going on: alcohol, anger issues, maybe drugs. Until these issues are addressed, it is doubtful that the court will lift the restraining order. As a sitting judge, I would not.
Answered on Dec 09th, 2012 at 7:23 PM
Michael J. Breczinski
The judge will probably keep the restraining order in place if you do not show.
Answered on Dec 09th, 2012 at 7:20 PM
3 Awards
If you don't appear the restraining order will stay in place.
Answered on Dec 07th, 2012 at 4:31 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You must appear in court if you have been subpoenaed to be there.
Answered on Dec 07th, 2012 at 1:52 PM
Gary Moore
You must go to court so that the judge can determine that you are unharmed (not lying dead in a ditch) and there is good reason to dismiss the charge.
Answered on Dec 07th, 2012 at 1:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You'll have to show up in court, if you do not there will be no relief and, even if you do there may not be either given the fact that this is the second time.
Answered on Dec 07th, 2012 at 1:51 PM