I am the sole provider in my household and there is a no contact order against me by the stste. I was woundering if there is something I can do to change this. We also have a wedding date planned in november. The no contact order is because of a assault in the 4th degree. There were some questions answered under strees. I do not want anything to happen to my wife soon to be also. Thank you Chuck clark
DUI / DWI Attorney
If I understand, you have been charged with 4th Degree assault, domestic violence and there has been a no contact order issued between you and your partner. You would like the no contact order recalled and want to know if there is something you can do to make this happen.
As a defendant, you have the ability to motion the court for a reconsideration of the no contact order. During that time, the court will look at several factors. The court will consider any criminal history you have. History between the parties will be considered. The court will look at the alleged assault. The court will look at what concerns any victim may have expressed to an advocate. The court will also take into account the amount of time that has passed. Generally, courts like at least 30 days to have passed since the incident. This is considered a "cooling off period".
It is up to the judge whether or not they will remove the order. It is discretionary. A court is always concerned that they will remove a no contact order and then the defendant will turn around and hurt the victim. No judge wants to be responsible for that.
Sometimes your attorney can work out a "modification" of a no contact order, or a temporary suspension for certain events if the victim has no safety concerns and you are assigned to someone's care.
It is always difficult for parties who do not want a no contact order to abide by one. However, violations of the order are easy to do, and taken very seriously. A violation makes it difficult to have the order recalled. You do not want to get caught up in getting violations. The third one can be charged as a felony.
An experienced attorney by your side and arguing for you during the hearing to remove the no contact order will be your best advocate.