What can my fiance expect with his domestic violence charge? 5 Answers as of August 04, 2011

My fiance got charged wit pc1361b1, pc148a1, pc2735, pc5915 and it is his first of fence and took a deal of first strike 3yrs probation and 52wk classes. He gets sentence on august 24. What can he expect, would he get out? He has been locked up since July 17 11. Also the da put a protective order on us, we live together and have a daughter who is gonna be a yr old on september 22, 11. Were supposed to get married this year, what could I do to get the restraining order removed, besides just asking the judge?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
In order to get the restraining order removed you may have to take some classes. This is a typical requirement for many judges to get a restraining order removed or altered to peaceful contact. It sounds as if he as accepted a plea agreement and has an attorney. The best person to ask as to what the full details of the sentence would be that attorney.
Answer Applies to: California
Replied: 8/3/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Your fiance's situation is far too serious to answer this via email. He should not accept ONE STRIKE unless there is no way out. Also we can answer all your questions about criminal protective orders.
Answer Applies to: California
Replied: 8/2/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Difficult request to respond to because there is a lot of information missing. Will fiance get out? Unable to say. Was there an agreement between he, the prosecutor and the judge as to the amount of time? If not, no one knows but the judge. Your appearance at sentencing could have a large influence. As a "victim" [an assumption based on my reading of your post], you have a constitutional right to be heard at the sentencing hearing. Tell the judge he's a wonderful guy otherwise and that you need him out, the upcoming planned activity. You might be a bit more informative about what "supposed to get marred this year" actually means.
Answer Applies to: California
Replied: 8/2/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Expect? To serve about 75% of whatever time he was sentenced to in his deal. It already defined his punishment. To get the RO lifted, you will probably have to file a motion to do so, and convince the judge. Not going to be easy.
Answer Applies to: California
Replied: 8/1/2011
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