How can I have my fiance released from jail after we resolved our differences after I filed a 5 day restraining order?

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How can I have my fiance released from jail after we resolved our differences after I filed a 5 day restraining order?

Last week I made a 5 day restraining order against my fiance on the grounds that he would not be arrested. He stayed away from me, promising to get therapy/help with me. The police arrested him last night without bail. He goes to court Monday. What can I do to get him released and explain the progress we have made?

Asked on May 8, 2009 under Criminal Law, California

Answers:

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

Answered 13 years ago | Contributor

You haven't explained why the police arrested him last night.  That might be very important.

In any event, you will need to go to court on Monday, and ask the court to vacate (cancel) the restraining order. I'm guessing that what happened is that the two of you got together and started working out your problems, and that by doing that, your fiance violated the restraining order.  If that is what happened, another interesting question is how the police found out.

Your fiance might need a lawyer.  Violating a domestic violence restraining order is a serious offense, and that could put him in jail all by itself.

I hope that the two of you can get this straightened out without too much trouble.  Whatever way it works out, I encourage the two of you to go on with therapy, for him and possibly for the two of you as a couple, to make sure that you don't get into another domestic violence case.  There's no shame in asking for help, only in getting yourself in trouble when a little help could have avoided it.


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