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Getting a no contact order and charges for domestic violence dropped

Phoenix, AZ |
Filed under: Domestic violence

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

Attorney Answers 2

Posted

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).

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Posted

what if the alleged victim is suisidal and asking you for help

Asker

Posted

I LIVED IN LEE COUNTY . AM THE " VICTIM" DID NOT KNOW ABOUT THE LAWS. i LIVED THEIR ONLY 2 MNTHS. ORIGINALLY FROM NY ALL MY LIFE. SO MY FIANCE AND I WERE GOING THROUGH HARD TIMES. ME MEDICALLY DISABLED AND DESPERATE FOR DR CARE ( TAKES UP TO A MNTH TO GET INTO A SPECIALISTS ) HIM WORKING 6 DAYS A WEEK , ME NOT KNOWING A SOUL. sO OUR STRESSES WERE HIGH. I DIDNOT KNOW THEY WERE GOING TO TAKE MY BEST FRIEND N FUTURE HISBAND WHO TOOK CARE OFME WHEN I HAD MY SEIZURES ( IM EPILEPTIC) OR PAIN ATTACKS. OR ANXIETY CAUSE OF ALL THE THINGS I'VE SURVIVED AND GOT AWAY FROM IN NY. I LEFT BEING HIS JOB WAS THERE AND THE DA DID NOT CONSIDER HOW SICK I WAS DID NOT LISTEN WHEN I TOLD THEM I DID NOT WANT TO HELP PROSECUTE HIM I DIDNT UNDERSTAND NOCONTACT.. HE TAKES CARE OF ME IM NOT IN DANGER WE ALL GET UPSET SOMETIMES. ETC... SINCE I LEFT I WENT THRU HELL. I AM IN NY NOW . AND NEED TO SPEAK TO HIM BECAUSE I AM GOING THROUGH LEGAL ISSUES HERE AND HE KNOWS ALL ABOUT MY SEIZURE DISORDER AND HARRASSMENT FROM CERTAIN PEOPLE. . AND HONESTLY IT TEARS ME UP INSDE. AND CAUSES MORE HARM THENGOOD. WHAT TOI DO ABOUT NOW IN NY AND HE IN FLORIDA . TO TRY AND DROP NO CONTACT. ORDER . I WISH THEY LISTENED IN THE FIRST PLACE. SO MUCH HARDSHIP. TY

Posted

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.

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