Im trying to figure out a way to bump down a no contact oder to a a no hostile order immediately and I was told the filing for a no hostile order would do just that. Is that true ,and if it is, when would it go into affect
Criminal Defense Attorney
From my experience the general procedure is to make a motion to the court to make no hostile contact a condition of release rather than having a formal no-contact order in place. The court needs a solid justification to do this though. If the judge goes along with the request, the formal no-contact order would be lifted and no hostile contact added as a condition of release. The condition of release would go into effect immediately. The no-contact order would be lifted but would remain in effect until it is out of the statewide computer system. Every jurisdiction is different so the above could vary from court to court.
I agree with Mr. Karmali, and would add that the court will look at a number of things in making its detemirnation - police report (if any), criminal history, allegaitons of past DV (assuming this is a DV case) or other wrongs, among others. Most importantly, the court should take into account the desire of the victim or protected person, however, depending on the facts fo the case, this might not carry much weight. Finally, the prosecutor will ahve a say, and more often than not, they will object to anything but a no contact order.