Stay Away Order Remains A Question Mark In Mirkarimi Case

SAN FRANCISCO (CBS SF) – San Francisco Sheriff Ross Mirkarimi will be arraigned on domestic violence-related charges on Thursday.

One big question in the case is whether the stay away order keeping him apart from his family will continue.

Facing charges of misdemeanor domestic violence, child endangerment and dissuading a witness stemming from a New Year’s Eve fight with his wife, Eliana Lopez, San Francisco District Attorney George Gascon also obtained a one week stay away order.

KCBS’ Barbara Taylor Reports:

Mirkarimi’s attorney Robert Waggener said he expects the prosecution to seek an extension at Thursday’s arraignment.

“Mr. Mirkarimi and I will oppose that and I anticipate that his wife will also oppose that,” said Waggener. “She does not want a stay away order. The family wants to be together and their son misses their father.”

>>Mirkarimi’s Wife Claims He’s Victim Of ‘Political Persecution’

Waggener said that Mirkarimi has been staying with friends and to his knowledge, he has not been in contact with his family.

Whether the court allows Mirkarimi to return is questionable after his wife accused him on a videotape made by a neighbor that he attacked her twice in the past year, both verbally and physically.

Lopez later insisted that she was not abused and refused to talk to police.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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