Understanding Civil Protection Orders
Summary
The user is facing a Civil Protection Order (CPO) in California due to allegations of domestic violence. His wife later recanted her statement, but the CPO remains in effect, barring him from his home and wife. The user is also dealing with Child Protective Services (CPS) involvement due to the domestic dispute. The user is seeking advice on how to navigate the situation, including understanding the terms of the CPO, the role of CPS, and the potential outcomes of his upcoming court date.Full Conversation
Me an my wife where splitting up an she was angry with me so she called the cops said I hit her so I went to jail an she contacted the cops who took her report an confessed that I really didn't hit her so it got dropped to a missdamer an I was released but I had to agree on signing a CPO an judge told me I can't go home an be around my wife who I have five kids with an was put on ankle monitor my next court date is in one month what's going to happen
Has your wife expressed any intention to have the CPO (Civil Protection Order) lifted or modified?
In California, violation of a CPO can result in criminal charges. It's crucial to respect the order until it's legally lifted or modified.
In California, violation of a CPO can result in criminal charges. It's crucial to respect the order until it's legally lifted or modified.
She said there's nothing she can do it's up to the judge
What's the name of the court handling your case? In California, judges have discretion in CPO cases. They consider factors like the victim's wishes, the offender's behavior, and the best interest of any children involved.
It's the court house in Stockton CA
The Stockton Courthouse is located at * E Weber Ave, Stockton, CA *. Their contact number is (*) *-*. It's important to have a lawyer represent you in court.
I have a public defender
Have you discussed your situation and potential outcomes with your public defender?
Explanation: Public defenders are experienced lawyers who can guide you through the legal process and represent your interests in court.
Explanation: Public defenders are experienced lawyers who can guide you through the legal process and represent your interests in court.
How do I find out who my public defender is
You can contact the Public Defender's Office in Stockton, CA at (*) *-*. They should be able to provide you with the name of your assigned public defender.
Now what if my wife signed up for victim witness
What do you mean by "victim witness"? Are you referring to a program or your wife testifying in court?
CPS was contacted by the courts an CPS went to my house an had here sign paper for victim witness .. does that mean we can't be together at all
What does the document your wife signed with CPS specifically state about your contact with her?
What is preventative wrap
Preventative wrap is a term often used in child welfare services. It refers to services provided to prevent the removal of a child from their home. Can you clarify how this relates to your case?
I don't know anything about all of this . I went to jail on something I didnt do an was released on gps an signed a agreement for a CPO an was told to stay away from her an my house an I have a court date at the end of the month an in mean Time stay away from her . Me an my wife want to be together an work things out. The day after I got released CPS came to my house an told my wife that she ether agrees to sign some paperwork an follow there orders or they will take my kids so she did but I don't know if it is part of this case or if it's separate idk I'm just trying to figure out if she is really trying to work this out with me
What does the paperwork your wife signed with CPS specifically state about your contact with her and the children?
Says that she agrees to call law enforcement if I contact her on the phone or if I go to my house to inform them I violated the CPO. But it don't say anything about my children
What are the specific terms of your CPO regarding contact with your children?
Doesn't say anything about my kids only my wife an home. That's why I don't understand why CPS got involved then
In California, CPS can get involved if they believe the children's safety is at risk. Have you spoken to your public defender about this?
No
It's important to discuss this with your public defender. They can provide guidance on how to navigate the situation with CPS and the CPO.
Ok my wife told me she's not going to go to any court dates she said she's not going to coroperate with the case at all what will that do for me
What type of case is your wife refusing to cooperate with - the CPO violation or the CPS investigation?
I'm being charged with coproal injury on spouse mistamenor
What evidence does the prosecution have against you for the charge of corporal injury on a spouse?
None an she changed her statement an told them what really happened before I was booked
What is the nature of the statement your wife gave to the police after changing her initial statement?
She had a bump on her forehead an said I hit her so they took pictures of it an then before the cops left she said that isn't what happen she said that she was just upset because I had told her I wanted to leave . She said she hit her head when she was chasing after me an the cops kept asking her are u sure an she said yeah an the cops kept trying to find something that they can charge me with but there wasn't
What was the final charge that the police booked you with?