how to get no contact order dropped?also how to get charges dropped?
i have a no contact order with my wife due to me being convicted of domestic violence. is there any way that we can get the no contact order dropped so that i can go back home. the finacnce part of it is the problem. we live in oregon
Criminal Defense Attorney
As a criminal defense attorney in the state of Florida I would approach the following issue in this manner. I would schedule a hearing before the court issuing the order if it were the alleged victim's wish to have resumed contact with the individual charged with domestic violence. Typically, what happens in this situation, the court will want to ascertain whether the alleged victim in fact wishes to have contact with the person charged, is requesting so freely, and expresses that he/she is not in fear for their safety. After the court hears from the alleged victim and is satisfied that he/she wants to have contact and is not in fear, then usually the court will lift the no contact order. If the alleged victim wishes to have the domestic violence charge dropped, they should contact the State Attorney's office and request in writing that the case not be prosecuted. Although, it is certainly helpful to the defendant that the alleged victim request that the case be dropped, such a request is not an absolute guarantee that the State Attorney will do so. Additionally, it is advisable for individuals listed as victims by the State Attorney's office in a domestic violence case to consult with an attorney before they appear in court(testifying under oath while being recorded....evidence state can later use) requesting a no contact order to be lifted or submitting written requests to not prosecute, due to the potential for that very individual to later be subjected to perjury or false crime report charge(s).
Child Custody Lawyer
In Wa., there are a number of types of no contact orders that arise in family law and criminal law. In the family law arena, if the no contact order was entered by the Court as part of a domestic violence petition, and that Peittion was granted for the 1 year period and then breached, resulting in a charge of DV IV, it is the prosecutors decision to drop the order regardless of what the victim wants. i.e. it is the State v Husband, not wife v. husband -- the victim is just a witness. If there has been no breach of the order, depending on why the order was entered, you may be able to ask the court to drop it. However, if there are children involved, that wil be an uphill battle. Alternatively, if charges have been filed, the victim may be able to convince the Prosecutor to drop the no contact order, but it most cases, the Prosecution wants to go forward regardless of the witnesses desires because the matter involved domestic violence which has an intrinsic control aspect to it, i.e. perpetrator of violence has a tendency to want to control the other party.