Judge Denies Motion to Lift Protective Order Despite Domestic Violence Victim Direct Request

By Daniella Espinoza 

OAKLAND, CA – During an arraignment Friday here in Alameda County Superior Court, the accused was charged with possession of a firearm by a felon and unlawful firearm activity during a domestic violence incident.

These charges emerged after an incident where the accused allegedly pointed a gun at his partner.

Despite that, the judge was asked by the defense and alleged victim to withdraw a protective order.

Deputy District Attorney Ronald Clinton concluded the accused’s case “involves racking or displaying a gun after a domestic argument and, given the firearms used in this case, it is probably the most concerning of domestic violence allegations with a firearm involved.”

Defense attorney Joseph Mastro argued his client “does not have much of a history” and because of this, while the current allegations are “very serious, [they are] out of character.”

During the session, Mastro informed the court the accused’s partner did not want a full protective order, noting that instead, “at most [she wanted] a note” from the court.

After speaking to the accused’s partner directly, Judge Colin Bowen affirmed his own understanding that the protective order was not desired.

However, the judge said the court “would not make any promises,” but it might reconsider rescinding the order after she agreed to partake in domestic violence classes for victims.

Eventually, despite the various requests for no protective orders to be issued, Judge Bowen declared he would be “issuing a complete stay away” from the victim, specifically, “no contact directly, through a third party, electronically, and any unauthorized contact can be recorded.”

About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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