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I'm a victim of domestic violence and wanted to know if there was a way I can modify a no contact order?Should I retain a lawyer

My husband is able to see the children without supervision so obviously hes not of any danger to the kids but suposenly to me he is a danger. It makes no sense. I would like to modify the order if I can do so. It's been since aug. of 2008 when this all happened and he has violated his probationa few times. I feel my right to speek to my husband has been taken away. I have to have some rights and want to reconcile with him. What can you recomend? Also he was supose to be sentence to 3months in jail for violation of probation and was released the same day of his court date.I dont know if the paperwork was wriiten up wrong. Once something has been signed by a judge is it able to be change emmedietly? Or does he continue to do what is required for him to do to next? What can the probation oficer do in this case?

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Attorney answers (3)

Reputation Level 10
if your husband has violated his probation on multiple occasions that means that he is not doing what the court and his probation officer have ordered him to do. if he has been convicted of a crime of domestic violence, then he is likely ordered to complete some form of batterer's intervention/counseling. these programs have a high rate of failure as the people in them have a difficult time recognizing their triggers and behaviors. their partners have the same difficulties but cannot be court ordered in a criminal proceeding where they are victim. if the matter is serious enough a family or juvenile court might have that power, or will gain that power when the violence persists. you would be wise to talk to a DV counselor about how best to live your life while your husband gets well, and work with his probation officer to help him get his probation successfully completed, especially if that requires rigorous counseling.
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Reputation Level 11
Typically, the "no contact" order can be deleted by the probation officer. Contact the probation officer and discuss the matter. Remember, the power is in their hands. Be respectful of that. If you demand, you will hear the word "no". But if you are calm and reasonable and patient, so to will the P.O.
3 people marked this answer as good

Reputation Level 15
You could file a motion in the court that issued the NCO. Probation may or may not object to it. A court may modify it to "no hostile contact."

But to be successful, you need to show some understanding of the risks. Many DV victims are pressured or feel guilty about a NCO.

It would be well worth your time and money to consult with a criminal defense attorney in your area who has a better grasp of how the local judges might respond to your request (and maybe have a better relationship with the probation officers too).

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