this is my first time going to jail and recieved a assult4 and DV plus a no contact order against my wife. she never wanted the order placed and tried to protest it but was denied. i was convicted feb.7 of this year and were trying to do everything we can to get this lifted.
To be honest, it's not easy and it's definitely not something that you can do alone. The only way any judge is going to lift a no contact order (NCO) is when the victim requests that it be lifted. But, as you've learned, the victim requesting the recall of a NCO does not assure that the judge will grant the request. If you have been convicted of Assault 4 - DV and ordered to get treatment (e.g. Domestic Violence Batterer's Treatment (DVBT) or chemical dependency treatment) than the judge will probably want to see that you've complied with the treatment before he/she will consider a motion to recall the NCO. If you haven't been convicted and the case is still pending, your wife can contact her advocate and have a hearing ask the judge to recall the NCO.
You are almost certainly not going to be able to do anything. The court is not going to have the defendant request that the no contact order be lifted without an extremely compelling reason. She can ask that the order be lifted, but the court is probably going to want to see that you are doing the things you were ordered to do as a result of your sentence before the court lifts the order. You should discuss the situation with your attoney and see what they say about the situation.
Your greatest obstacle may be recency. According to the information you provided this conviction took place less than a month ago. The judge or court commissioner who has discretion over "lifting" the co contact order wants to see some progress/compliance with regards to domestic violence evaluation treatment and any other court imposed conditions. However, if this case has been going on for some time and you have been in treatment for a while, the court can always modify the no contact order to a No Hostile Contact order. Consult your attorney.
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