I want to drop a DV against my husband, but since I can't what is the best way to minimize his chargers and drop the no contact.

Asked about 1 year ago - Fort Collins, CO

This is first offense and does not have any other criminal record.

Attorney answers (4)

  1. Kent Joseph Leier

    Contributor Level 9

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    Answered . Your husband's attorney should be working on his defense and limiting his liability. If he doesn't have an attorney he needs to hire one or seek representation from the public defender's office immediately.

    You can write a letter to the District Attorney and the court requesting a modification of the protection order. Upon receipt of your letter, a hearing to modify the protection order will be scheduled. The court will not drop the protection order, but it can modify it to allow you and your husband to have full contact with each other.

    The Leier Law Office, LLC
    Kent J. Leier

    The Leier Law Office, LLC, 110 East Oak St. Ste. 220, Fort Collins, CO. Call 970-682-4581 for a free consultation.... more
  2. Christopher Daniel Leroi

    Pro

    Contributor Level 20

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    Answered . You need to express your opinions in your Victim Impact Statement that the DA sends you and call the victim/witness advocate assigned to your case your wishes, so that they are conveyed to the Deputy DA handling the case. Also, your husband's attorney should be asking for the no contact to be dropped. You MUST be at court in order to have any chance of dropping the no contact order under CO's Victim Rights Act. The judge is going to want to see and hear from you in the courtroom. It will be helpful for you to take a class or course that tells you how to implement a "victim safety plan" and it would not hurt for your husband to commence DV classes voluntarily as a sign of good faith to minimize his charges.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  3. Brandon Uriah Luna

    Pro

    Contributor Level 12

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    Answered . Tell the DA your wishes. This is a victim's rights case and the DA needs to listen to you. He or she does not need to follow your wishes but they need to listen. Your husband needs an attorney and you have good one in the area in The Leier Law Office. He offers free consultations.

    Good Luck

    Brandon

  4. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can also talk to your husband's lawyer and see how your reluctance to prosecute can fit within a defense strategy.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more

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