QUESTION
Could they put a restraining order on my boyfriend for a whole year, or if I say I don't want to press charges, what will happen?
Asked on Mar 04th, 2013 on Criminal Law - Michigan
More details to this question:
21 days ago, my boyfriend and me got into an argument, and this lady called the police saying he drop kicked me. Which he didn’t. I told the police I did not want him to go to jail, and I was not pressing charges, and also told them my story. They would not believe me and he got arrested, at his bail hearing they said that we couldn’t have contact and that there was a temporary restraining order (not knowing the case, they said they have to do that with every case) and it's been really hard. I am in love with him, we lived together. The hearing is set to be in a week from today, but the lawyer hasn’t talked to either of us. I’m worried it will be moved and this is just been taken way to the extreme. I know the police had to arrest him because someone else called in, but I wish he hadn’t of and don't know what to do. Could they put a restraining order on him for a whole year, or if I say I don't want to press charges, what will happen? I’ve called the lawyer and he won’t return calls.
5 ANSWERS
Michael J. Breczinski
Well you want to go to the hearing and let your wishes be known in this matter. That is all that you can do.
Answered on Mar 12th, 2013 at 3:20 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Without seeing the police report and the witness' statement, it is difficult to adequately answer your questions. You may want to try talking with the D.A. and explain that what the witness said, didn't happen. It will be up to the D.A. to decide what to do.
Answered on Mar 06th, 2013 at 10:47 PM
Thomas Edward Gates
At the hearing to make the order final, you may request that the court not issue the restraining order.
Answered on Mar 06th, 2013 at 8:40 PM
What you say or do now is irrelevant. The prosecutor will NEVER drop charges simply because you've had a change of heart. Your boyfriend needs a lawyer.
Answered on Mar 06th, 2013 at 8:37 PM
Criminal Defense Attorney serving Ann Arbor, MI
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Law Office of Laurence H. Margolis PC
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Did you request a PPO or is there just a DV case against him? If PPO, yes, they could, but not if you don't request it. The state brings the charges, not you, but you can always seek to have them dismissed. It does not mean the prosecutor will do so however.
Answered on Mar 06th, 2013 at 8:33 PM