Q: If a Judge terminated a restraining order in California in open court how can PRCS say its still in effect?
In a DV case, the Judge terminated in open court the restraining order placed on defendant who ended up later having probation revoked and was sentenced to prison without any mention of reinstating the RO. But both the prison and now PRCS state the RO is still in effect and defendant didn't complete the 52 week batterers classes and until he does he is to stay away from his wife and daughter even though defendant showed PCRS the court paperwork stating the RO was terminated. Doesn't the placing or termination of a RO lie only with the Judge who heard the case all along? And what can be done about it?
A: You'll need copy of the court records terminating the RO, including the minutes and transcript if in open court. You need proof of completion of the classes and payment of fines, if relevant. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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