My girlfriend Kayla schnobrich has requested to remove the restraining order placed on me Guenter Jenkies by del norte county. She is currently at the del norte county jail. Her public defender is Keith Morris he reached out to me with the request and said if there are any questions to give him a call. I was wondering if its something you can do? Also what the fee will be? I'm low income so my budget is tight. I desperately need this issue resolved. Contact me at 9164624490 or email email@example.com
Removal of a Restraining Order in Crescent City: Understanding the Legal Implications
Background Analysis: The legal situation described revolves around Mr. Guenter Jenkies' request to have a restraining order lifted that was placed on him in Del Norte County. This request is in line with his girlfriend Kayla Schnobrich's wish, who is currently detained at Del Norte County Jail. It's also mentioned that the public defender, Mr. Keith Morris, has reached out with the same request, presenting a pressing need to address this matter.
1.1. Relevant Laws and Resources:
For understanding and addressing the restraining order removal in Del Norte County, the following laws and guidelines are pertinent:
- California Penal Code Section 273.6 - Violation of protective order
- California Family Code Sections 6300-6305 - Issuance of restraining order
- For more comprehensive information, visit the Official California Legislative Information website.
Potential Solutions for Removal of Restraining Order
To successfully have the restraining order removed:
- Petition the Court: You can file a motion to dissolve or modify the restraining order. This will require you to provide evidence demonstrating that the order is no longer necessary.
- Attend a Court Hearing: Once the motion is filed, a court hearing will be set where both parties can present their cases. Your girlfriend, Kayla, may need to testify to her wishes regarding the removal.
- Obtain Legal Representation: Even though this is not mandatory, it is advisable. A skilled attorney can present your case more effectively and navigate the legalities efficiently. It would be helpful to find the right lawyer specialized in this area.
Fee Estimation in Crescent City for Legal Services
|Filing motion for dissolution of order||$300 - $450|
|Legal representation at court hearing||$1,000 - $1,500|
|Consultation with a legal expert||$150 - $250|
Note: Prices vary based on the complexity of the case and the attorney's experience. Crescent City might have specific fee structures or allowances for low-income individuals, so it's essential to check with local legal service providers.
Need for More Information
To assist you further, some clarifications are needed. Kindly respond to the below queries.
- Were there any specific incidents or reasons cited for the imposition of the restraining order initially?
- Has there been any violation of the restraining order since its imposition?
- Are there any other pending legal matters or charges associated with this case?
Act Now!: Time is of the essence. Addressing legal matters promptly can lead to more favorable outcomes.
Relevant Questions for Clarification:
- Duration of the Restraining Order: How long is the restraining order set to last?
- Nature of the Restraining Order: Is it a temporary, emergency, or permanent order?
- Purpose of the Order: Were there any incidents of physical harm or threats that led to the imposition of this order?
How long does it take to process a motion to dissolve a restraining order in Crescent City?
Typically, once filed, the court will schedule a hearing date. This can range from a few weeks to a couple of months, depending on the court's schedule and the urgency of the matter.
Can a restraining order be lifted without a court hearing in Del Norte County?
No, a court hearing is usually necessary. Both parties will have an opportunity to present their cases, and the judge will decide based on the evidence provided.
Are there any fees associated with filing a motion to dissolve a restraining order?
Yes, there's a filing fee associated with submitting the motion. However, fee waivers might be available for individuals with low income.
Can a public defender represent me in a case related to a restraining order?
Public defenders typically represent individuals in criminal cases. For civil matters like restraining orders, you might need to seek representation from a private attorney or a legal aid organization.
What happens if the restraining order is violated before it's officially lifted?
Violating a restraining order can result in criminal charges, penalties, or even jail time. It's crucial to adhere to the order's stipulations until it's officially dissolved by the court.