How do I get stop a No Contact order in Blackamoors County Oregon . I never filed charges and would like that dropped also .

Asked over 1 year ago - Canby, OR

He has court on Friday for the guilty / innocence part and real court on March 9th and I was served papers to be there for the D . A . How do I stop a No Contact order in Blackamoors County Oregon I canceled the restraining order the day after my finance was arrested and I never filed charges . Financial , we would lose our home without his income . He was without his mess which caused the incident . He has since restarted his mess and counseling .

Attorney answers (1)

  1. Jay Bodzin

    Contributor Level 20

    4

    Lawyers agree

    Answered . I don't think there is a Blackamoors County in Oregon. (See: http://www.digital-topo-maps.com/county-map/ore... )

    It sounds as though this no-contact order was issued as a result of criminal changes against "him" (bear in mind that we have no context for who "he" is - your domestic partner, I'd assume. Please see this Guide: www.avvo.com/legal-guides/ugc/five-tips-for-how... ). If that's the case, then you can ask the Court to drop that order, but they're under no legal obligation to, and they probably won't. It is very common for victims of domestic violence to want to recant, or take back their abusers. It is usually a bad idea, because domestic violence tends to work in cycles, of relative normalcy followed by increasing tension, eventual violence, and then apparent repentance and apology, till the cycle begins anew. Some psychologists believe that this is part of a pattern of abuse and control by abusers, to keep victims dependent and off balance. In any case, though, legally speaking, criminal charges are brought by the police and district attorney, not by the complaining victim. You can't "press charges," and you can't drop them either. All you can do is notify the police of crimes, and cooperate with the DA in their case.

    Someone who's accused of a crime has the right to an attorney, at taxpayer expense if they can't afford one. If your partner has been accused of a crime, then he needs to consult in private with an attorney immediately.

    A person who's been the victim of a crime also has the right to an attorney, although not necessarily to have one appointed for free. There are resources available, however, through various local non-profits, including the Gateway Center (see: http://rosecityresource.org/resources/domestic-... ). In general, their focus will be on keeping a domestic violence victim away from the attacker, not on helping them re-unite. But a crime victim can retain a lawyer to help them communicate their desires to the court and the DA's office. The Oregon Constitution grants crime victims the right to be kept informed about the progress of a criminal case, to be consulted (although not to make the final decisions) on charges and plea bargains, and to be present at most significant hearings. So there are things you can do to make your voice be heard; but you can't be in total control of the process. The law recognizes that domestic violence is a problem for the entire community, not just the individuals immediately affected, and so the community, represented by the District Attorney, has authority to prosecute it.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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