How Do You Convince A Judge To Drop A No Contact Order?

What do you say to a judge to drop a no contact order?

Explain your position to the judge.

Since it’s your motion, the judge typically has you speak first.

Using your notes, tell the judge in your own words why you want the no-contact order dropped.

Stick to the facts, and focus on the future rather than the past.

Keep in mind that the no-contact order is preventative..

How many feet is a no contact order?

Not allowing any physical contact between the person and the victim. Not allowing the person to come within a certain distance of the victim (such as 10 feet or 100 yards)

Can a DVO be dropped?

To apply to have a DVO removed or withdraw your application, you have to contact the Magistrates Court registry where you filed your application for a DVO and file an application to withdraw your application and remove any existing Order.

Does a no contact order go both ways?

Do restraining orders work both ways? Unless both parties are granted restraining orders against the other (known as cross restraints), only the person who has the restraining order is protected against the other contacting them in any way. … Doing so may jeopardize your restraining order.

Do no contact orders expire?

The no contact order will end once you are terminated from probation. This order remains in effect until the court no longer feels the order is necessary to protect the victim, the parties agree to cancel the order and the court provides instructions to do so or the order expires.

What happens if the victim breaks a no contact order?

Under a no-contact order, the defendant is ordered to stay away from the victim, whether that be in person or through other forms of communication, like texting or by mail. “If they violate the no-contact-order, then it’s grounds for their bond to be revoked,” Zanowski explained.

Do police monitor no contact orders?

After a no-contact order is issued, it is entered into the law enforcement computer-based criminal intelligence information system. Usually, the no-contact order will remain in the computer system for one year (RCW 10.99. 050). Every police officer has access to this computer system.

Can a victim be charged?

The prosecutor is the one who decides whether to move forward in the case against the defendant. So, technically the victim has no power to drop charges against an alleged aggressor because criminal charges in most states are only brought by members of law enforcement bodies.

Can the victim contact the defendant in a no contact order?

It can be a crime each time the Defendant tries to contact the victim. … Even if the victim tells the Defendant they want to talk, the abuser is still not allowed to contact them. A victim cannot violate a criminal No Contact Order.

Will a judge lift a no contact order?

In rare instances, and only when the accuser advocates for it, a judge may lift such a no-contact order, but in the vast majority of cases you will not be able to get a no-contact order lifted while your case is pending.

How do I get a stay away order lifted?

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

How long are no contact orders good for?

If the judge decides at the hearing that there is a need for a permanent protective order, that order remains in effect for TWO YEARS from the date of signing by the judge.

Can you get married if you have a no contact order?

If there is a no contact order in place, and you get married, and then law enforcement finds out, the party subject to the order could quickly find himself in violation, and arrested for a violation of the order. … Laws may vary from state to state, and sometimes change.

How serious is a no contact order?

If a person violates a no contact orders, he or she can face serious consequences. Consequences often include potential jail time, the payment of fines or the loss of certain civil rights. … Violating a no contact order is considered a crime as well as a violation of a probation, parole or bail conditions.