My boyfriend and I were drinking one night and got in a push and shove fight! I feel into the ottoman/couch, he also had scratches on him from me, I ended up with brusied ribs and they are charging him with interfering with a 911 call and a domestic we been to court 4 times already including his bail release, I never wanted the no contact order, and have asked them at each court date to lift it, I also compleated a safety plan class and wrote a letter to the judge but the prosecutor told me they dont take letters, I'm obviously dont feel my safety is at risk and want to move forword with our lives and take counseling together and drinking classes please help with more ideas on how I can get this no contact order lifted it's ruining our lives
Criminal Defense Attorney
The no contact order will last as long as the case is pending. If he is found guilty, or pleas, one condition of his sentence may also be no contact.
The judge is the only person who has the power to lift the no contact order. If your boyfriend has an attorney, you could talk to him about tryong to get the.order lifted.
You do not have any direct ability to have the NCO dropped. Generally, when a Court looks at these requests, it wants to know that you have no further safety concerns, and that there is little chance of you being hurt further.
You can simply continue to ask to have it dropped. In most jurisdictions there is a victim’s advocate service, whose chief function is to deliver your input and wishes to the Court. In addition, many prosecutors have a similar staff member in their office. You can and should share your views with these people.
Finally, your boyfriend is facing serious criminal charges, and should seek an attorney. Even a misdemeanor domestic assault carries significant collateral consequences in terms of jobs, housing, and other rights. In addition to the simple domestic charge, he is also facing a gross misdemeanor which can carry as much as a year of custody time (as a maximum). If convicted, he may be unable to contact you for the duration of probation which could be 2 years, for the misdemeanor or much longer for the gross misdemeanor.
The best advice I can offer is to find a skilled attorney. Many of the lawyers on Avvo offer a free consultation. As do I.
The answer provided is not intended as legal advice. Any question within a case involves numerous facts and circumstances that cannot be fully accounted for in this forum. You are strongly encouraged to contact an attorney to discuss your issue fully. John C. Conard can be reached for a free consultation at 651-264-3050.