You can request that the NCO is struck and/or modified. Usually, this is done by contacting the prosecutor's office and filling out what is commonly referred to as a "victim's input statement." You can also speak to the prosecutor directly and ask them to strike and/or modify the NCO. However, the decision to strike and/or modify the NCO will ultimately rest with the court, and will depend on a number of factors (i.e. the severity of the assault, prior offenses, witness statements, victim's input statements, etc.).
The information contained in this message is for general informational purposes only. It is not intended to be legal advice, nor is it a substitute for professional legal services. The Scott Law Firm, PLLC disclaims the formation of an attorney-client relationship by use of AVVO, and no such relationship exists unless and until a written Fee Agreement has been endorsed by The Scott Law Firm, PLLC and the client. Furthermore, given the public nature of this forum, there can be no expectation of privacy, confidentiality, privilege, or any other protection from disclosure.
Yes, an alleged victim of an assault and the protected party in a no-contact order may ask the judge to lift the no-contact order. However, judges will usually deny these requests unless certain circumstances are present. These circumstances vary from court to court and case to case, but it is common for judges to condition their granting of this request upon proof that the alleged perpetrator is in a domestic violence treatment program.
Your boyfriend's attorney should know more about this so you should try to speak with them. At this point you are a witness in the case and your boyfriend's attorney can speak to you in that capacity. However, his attorney does not represent you and will be limited in the advice s/he can give.
You also have a right to consult with/hire your own attorney to try to assist you in this process.
What you should do is contact an attorney on the phone or through this website and arrange a meeting in his/her office. You need to be told specific things to specific questions asked by the attorney to make sure YOUR rights are protected and that you are not setting yourself up for a possible charge of false reporting or perjury. Please contact an attorney now and spend a few dollars to have a conversation with him/her. IT WILL BE WELL WORTH YOUR TIME AND MONEY. Especially if you signed a written statement about incident either written out by you or the officer.
You can request for the no contact order be lifted, but the ultimate decision is up to the judge. You can ask your boyfriend's attorney what to expect.