How can I help lift a No Contact Order on my spouse? He has plead guilty and entered the diversion program already.

Asked over 1 year ago - Lake Oswego, OR

In November 2012, my husband was arrested for DV assault IV. There were no drugs or alcohol involved and no physical signs of abuse other than a very small scratch on my palm, I basically overreacted. I had no idea laws were so strict here, as we are from Texas. He plead guilty, entered into the diversion program, and has started classes. It is now April 2013 and I want to reconcile badly. This NCO is killing me actually. How can I have get this lifted as quickly as possible? I got my own place in November and so did he. We are both able to support ourselves and my parents live here also, so I have somewhere to go if this doesn't work out after all. I want to go to couples therapy and work things out, we do not have kids. I just want to be able to see him again, plain and simple.

Attorney answers (2)

  1. Shannon L. Hall

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . You can write the judge at ask that the no contact order be vacated, but the judge doesn't have to accomodate that request. The state has an interest in protecting abuse victims and it is not unusual that domestic violence victims recant and want to have contact with their abusers. It's often a cycle of abuse that escalates. I'm not saying that this is what has happened with you and your spouse but the judge will want to protect you even if you don't think it's necessary. Good luck to you.

    My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-... more
  2. Jared Justice

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . You could get an attorney to do a motion to the court to lift or modify the no contact order, but you should understand that many judges are very reluctant to do this (due to the danger of repeat abuse). He could also have his attorney do the same. You could also write the judge to ask that they lift or modify it. In my experience a hearing has been much more effective. Best of luck.

    Nothing discussed should be taken as legal advice. Posting details of your case on an open forum could be used... more

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