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My boyfriend was issued by judge a no-contact order concerning me & our 2 young kids, as me being the victim.. can I waive this?

Niles, MI |

My boyfriend went to trial for 2nd offense domestic violence (w/in 5 yrs) a few days ago. He is now spending 30 days in jail, and when he gets out he will then have 18 mos probation, and a no contact order was issued as well, concerning myself and our 2 young children. The victim being me, I understand the no contact,, however what about our two babies!?!? Can I waive this? I know he has anger management classes and AA classes he MUST attend after his release..is it possible after he is facilitated would the 18 mos be lessened? Our kids miss him so badly... I can't imagine our 1 1/2 being 3 when her dad is able to get back into her life. What should I do?? We live together, he was our sole income.. And I feel now with this 18 mos no contact, it's only going to hurt our kids.

Attorney Answers 3

Posted

You should retain the services of an experienced family law attorney in your area to address this concern. Is there any other court action or case presently open or closed which governs the rights and responsibilities of the parties to the children, such as support and parenting time orders? An attorney should be able to file a motion to permit contact between father and children, provided none of the domestic violence was directed toward the children, or unless the judge is concerned the children could be the next victims...being extensions of you. With this being his 2nd domestic violence action, the court may proceed cautiously with respect to such a request. That is why I recommend you retain an attorney who is familiar with the beliefs and policies of the judges in your community, as the attorneys would have an understanding whether the relief to be sought would be granted.

Neil M. Colman
www.divlawyer@gmail.com
586.254.1100

Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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Posted

You have no power to "waive" a court order.

Doing anything without verifying with an attorney who has read all the documents pertinent to your case may subject your boyfriend to being returned to jail.

DO NOT take any steps until you have had a MI family law attorney review all the pertinent documents.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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1 comment

Cy M. Abdo

Cy M. Abdo

Posted

http://www.michigancriminallawyer-blog.com/2011/09/mposition-of-no-contact-orders.html

Posted

Take a look at the link by our law firm regarding no-contact orders.

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