Q: I receive only a restraining order trial regarding sexual assault. The plaintiff has reported to the police.
I heard that restraining order always come with a criminal trial. However, there is no criminal trial. I am also not arrested. Does it mean there is no probable cause for police to arrest me or press charge? Can victim decide not to press charge? I mean is there a chance that she has evidence but she just don't want me to go to jail. She was my girlfriend.
A: Not all restraining orders have a criminal complaint attached to it but many do. That being said you may still get one in the mail or get arrested in the future, if so make sure you get a good criminal lawyer.
Brian Lehman agrees with this answer
A:
Crimes are committed against the state, not an individual, so only the prosecutor decides whether to "press charges" or not. My sense is that the public often thinks that individual people can decide to press charges because a prosecutor is less likely to move forward if a victim is unwilling to testify. The prosecutor can still have them testify through a subpoena or make the case through other evidence, however.
This is a long way of saying your assumption are wrong and you should consult a criminal attorney immediately. There are many reasons why the police may be delaying including gathering more evidence but there is no requirement that they arrest you immediately. In any event, you want the name and number of a criminal defense attorney you can call immediately if you are arrested. And you absolutely do not want to make any statements to anyone. That is the lawyer's job. You can only make things worse.
Finally, restraining orders can be civil or criminal. It sounds like your ex-girlfriend got a restraining order from a civil court. A violation of it would be a criminal act, however. Do not contact her and do not have a third person contact her. Again, what you want to do immediately is contact a criminal lawyer and go through everything. Do that immediately.
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