can my case be changed even though i have been convicted and have done trhe time.

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can my case be changed even though i have been convicted and have done trhe time.

i was arrested for demestic violence on sept 25th and was convicted i never hit my girl friend just yelled at her she later told me while i was incarserated that she hit her self so i could be punish for what i said and now there is a restraining order and we want it lifted what can i do and its a felony.

Asked on May 19, 2009 under Bankruptcy Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There's a lot more that I'd want to know about this situation before giving you advice.  I think you need to have a long talk with a good attorney, probably one familiar with both criminal law and domestic violence issues, before doing anything at all.  One place you can find the lawyer you need is our website, http://attorneypages.com

Having domestic violence restraining orders removed is possible, but not always easy.  That can be done without anyone having to say that your girl friend lied to get the restraining order, if the court is convinced that you are not a danger to her now.

However, getting your conviction itself removed is a very different problem.  That almost certainly could not happen based on the truth, without your girl friend admitting in court that she lied under oath.  That's called perjury, and she could go to jail for that.


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