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Ross Mirkarimi is scheduled to appear in court on Thursday afternoon to seek the removal of a stay-away order preventing him from contacting his wife or son.
In what is becoming a regular occasion for San Francisco's new sheriff, Ross Mirkarimi will be back in court Thursday.
There is a change though, on Thursday Berkeley-based defense attorney Lidia Stiglich will be standing next to him instead of lawyer Bob Waggener.
Waggener was abruptly replaced Wednesday. No reason was given.
Mirkarimi faces misdemeanor charges of domestic violence battery, child endangerment and dissuading a witness in connection with a New Year's Eve report involving his wife, Eliana Lopez, during which their 2-year-old son Theo was present.
On Thursday he is hoping to get a stay-away order that is preventing him from contacting his wife or son removed.
Lopez has denied Mirkarimi hurt her, but neighbors say she confided in them about the incident. Ivory Madison, called police and also took a video of her conversation with Lopez as well as a photo of a mark on her arm.
The case is set to go to trial in February.
Also Thursday, NBC Bay area obtained the witness list for the trial.
It contains 17 names, including Mirkarimi's wife, five police officers, three DA investigators and the neighbors who initially reported the incident.
An ex-girlfriend who recently filed a police report that claimed Mirkarimi also abused her is also on the list. Christina Marie Flores dated Mirkarimi between 2007 and 2008.
Mirkarimi has served as sheriff for fewer than three weeks. He was sworn in eight days after the alleged incident happened.
Bay City News contributed to this report.