My husband has already been convicted and is currently serving his sentence. He will be getting out of jail at the end of December. I already had the protection order modified so that we can talk and I can visit him while he is in custody, but he is not allowed to contact or see me at all when he gets out. We have two kids and I need him home to help and provide financial support for our family when he gets out. I went and got the paperwork to file a motion for the courts, but I'm wondering what I should say so the judge could either modify or drop it. At least so we could go to marriage counseling together or something. Thanks.
Family Law Attorney
The judge has wide discretion to grant or deny a request to vacate a DV order. Usually the request is denied because the judge is concerned that the assaulter may assault again. You should show the judge (1) why you believe you won't be the victim of more DV; (2) why you believe your husband won't commit more DV; and (3) why it is that you and the kids need him to be in the house. It would help if you can show that you have arranged DV counseling for you and your husband when he gets out; and that your husband is participating in DV counseling while he is in prison. Nevertheless, don't be surprised if the judge denies your request.
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Administrative Law Lawyer
Domestic violence is not a private issue between the victim and offender. There are enormous costs to the legal and law enforcement systems caused by these cases, and important consequences for children and public safety. The law recognizes these massive social costs and is purposely designed to be used for the prevention of subsequent offenses. "No-contact" court orders and parole conditions are important and powerful mechanisms by which the law attempts to further its agenda for prevention of further offenses.Your wish to drop or rescind such orders or conditions does not bind or limit the decisions of the court or parole authorities as to what legal actions are necessary to inhibit you and your husband from future similar incidents. You can make request of the parole authorities to further modify or rescind such conditions, but you cannot compel that decision. The court and/or parole authority will decide based on the seriousness of the original charge, the nature of the evidence that proved that charge, your husband's prior criminal history, and the likelihood of subsequent offenses.
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