how to lift no contact order with out a lawyer

If you don't have an attorney, get one ASAP. Tell your girlfriend you can't talk to her right now because of the no contact order, and suggest she call your attorney and tell her/him she would not like to pursue charges and wants the order lifted. Sometimes this can be resolved at the preliminary hearing.

Full Answer

How do I get rid of a no contact order?

How can a No Contact Order be lifted or modified? If a No Contact Order has been put in place anywhere in the state of Washington, the first thing we do is call the court and find the soonest date we can request relief in front of a judge. You will need to be present at that court hearing. Before the court date, we file a motion to modify or rescind (lift) the order.

How do I get a no contact order lifted?

In many Pinellas County criminal domestic violence cases, the judge will often put a Domestic Violence No Contact Order in place in connection with a defendant’s release from jail. This order prohibits any contact with the alleged victim by any means, either direct or indirect (through a third party). Sometimes, the court is motivated to order “No Contact” between the parties …

How to get around a no contact order?

Jan 08, 2016 · Your lawyer can file a motion to have conditions of release modified to allow contact. Be careful talking to her, even through a 3rd party, because you can wind up being found in violation of your release conditions and re-arrested WITHOUT BOND. Your lawyer will be able to reach out to her and find out her desires and get this placed on the docket.

Can I get a no contact order lifted or modified?

You may, however, be successful in modifying a no-contact order to allow for specific exceptions such as limited contact through a designated third-party or via email to make child custody arrangements. Your lawyer can help you make the necessary motion, either at your arraignment or a later bail hearing.

How can I get around a no contact order?

If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order.

How do I get a no contact order removed in Ontario?

You must apply to a judge to change the court order before you can contact your partner. How do I get the no contact order changed? You can ask the court that made the order to vary (change) it. Your partner must agree to the change and appear before the judge to explain why.

How do I get a restraining order lifted in Ontario?

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.

Can assault charges be dropped by the victim in Ontario?

In Canada victims do not get to drop charges against an accused. However, what they say may influence a prosecutor. Prosecutors withdraw charges when they feel that prosecuting is not in the public interest or that there is no reasonable chance of getting a guilty verdict.Sep 9, 2021

What Are The Penalties For Violating A No Contact Order?

Judges take the violation of a domestic violence No Contact order very seriously. Violating a no contact order is usually seen as a “slap in the fa...

How Does The Court Know If You Violated The Domestic Violence No Contact Order?

The violation of a No Contact order can come to the judge’s attention in several different ways. Perhaps the most direct method is when an alleged...

Lifting A Domestic Violence No Contact Order— Lawfully Returning Home —

If a “no contact” order has been put in place in your Pinellas County domestic battery case, we can go to court on your behalf and request to have...

Could Having The “No Contact” Order Lifted Help My Case?

Being able to have contact would enable you to ask the alleged victim the following types of questions: 1. Were they truthful when they gave their...

We’Re St. Petersburg / Clearwater Attorneys Who We Can Help

Call our office and we can discuss with you the specific facts of your case and the best method to expedite your efforts to return to your home and...

How to lift a no contact order?

Lifting a Domestic Violence No Contact Order#N#— Lawfully Returning Home — 1 Getting the order modified is essential in avoiding a subsequent arrest for violating the “no contact” provision. 2 It may also be viewed as a first step toward reconciliation between the parties.

What happens if you violate a no contact order?

revoked and a warrant issued for their arrest with a “No Bond Hold.”.

What happens if you get a no contact order in Pinellas County?

If a “no contact” order has been put in place in your Pinellas County domestic battery case, we can go to court on your behalf and request to have the order modified. If the “motion to modify conditions of release” is granted, you will be allowed to once again have lawful contact with the alleged victim.

How to get a no contact order dropped?

2. 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.

What is a no contact order?

A no-contact order issued after a domestic violence charge has two parts – a no-contact part and a no-abuse part. You can ask the court to drop the no-contact part while retaining the no-abuse part. The judge typically will be much more likely to drop the no-contact order if you want to maintain the no-abuse portion of the order.

How to modify a no contact order?

1. Contact the court clerk. Before you start drafting a motion to modify your no-contact order, call or visit the clerk's office in the court that issued the order. The clerk can give you more information about the procedure, and may have forms you can use for your motion.

Who is Jennifer Mueller?

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 226,205 times.

Do you have to attend a domestic violence awareness program before a pre-trial release?

In my jurisdiction, the court requires the alleged victim to attend a domestic violence awareness program before considering whether to modify the conditions of pre-trial release . If you haven't already done so, consider hiring an attorney to help you with this process as it will required filing a motion and probably arguing on your behalf in court and since you can't have any contact with the alleged victim, you can make...

Is a stay away order mandatory?

"No Contact" or "Stay Away Orders" are mandatory and automatic in all DV cases.#N#Virtually no Judge will remove the Order but many will at least consider modifying them to a "No Violent Contact Order"...

What is a no contact order?

There are generally two types of domestic violence no-contact orders—the kind that are issued in conjunction with a criminal prosecution, and the kind that are issued as a result of a separate civil proceeding. If you are charged with a crime of domestic violence a judge will almost always issue ...

How long does a no contact order last?

If a judge grants the no-contact order, it will typically be in effect for a year, subject to the protected party’s motion to renew the protection order at the end of the year, though the law allows for an order to be issued for up to 5 years under certain circumstances.

What happens if you are acquitted of a crime?

Upon the conclusion of your criminal case there may be a variety of outcomes regarding the no-contact condition. If you are acquitted or your case is dismissed the court has no jurisdiction to impose a no-contact order and the pretrial no-contact order will no longer have effect. If you are convicted, you will likely be subject to an extended ...

What happens if you are charged with domestic violence?

If you are charged with a crime of domestic violence a judge will almost always issue a pretrial no-contact order, whether your accuser wants such a no-contact order or not.

Can a no contact order be lifted?

A no-contact order which is issued as a result of a civil proceeding, such as a Domestic Violence Protection Order, will typically only be lifted upon motion of the protected party. The best way to avoid a civil protection order is to challenge its issuance from the beginning. Civil Protection Orders can only be imposed by a judge ...

How long can a protective order be vacated in Utah?

The relevant portion of the Cohabitant Abuse Act provides as follows: (10) A court may modify or vacate an order of protection or any provisions in the order after notice and hearing, except that the criminal provisions of a protective order may not be vacated within two years of issuance unless the petitioner: (a) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah Rules of Civil Procedure, and the petitioner personally appears before the court and gives specific consent to the vacation of the criminal provisions of the protective order; or (b) submits a verified affidavit, stating agreement to the vacation of the criminal provisions of the protective order. (11) A protective order may be modified without a showing of substantial and material change in circumstances. Utah Code Ann. 78B-7-106 It sounds like the case is in a justice court. So probably, if it can't be done informally, one of you will have to make a motion to vacate the order and request a hearing. If you are both present at the hearing and request that it be vacated, it is likely, depending on the accuracy of the facts set forth, that the order will be dismissed.

Can you file a motion without the court?

If you file a formal motion, the Court will have to hear the matter. Short of that, without the Court, there is no way to do this.

Can a judge speed things up?

There is no way to require a judge to "speed things up". A person may file a formal motion to dissolved however you stated the judge already has papers to review and simply has not had time to review the request. You should insure you are not violating the order while the judge makes a decision regarding your request.

Can a no contact order be dismissed?

If it is a no contact order as a condition of bond, pending further hearing on a criminal charge, only the court can dismiss such an order. You can request that it be dismissed, or at least modified to allow contact of a non-assualtive nature. Report Abuse. Report Abuse.

Can a temporary restraining order be entered without a victim?

Temporary Restraining Orders are generally not entered without the victim requesting one, so I would question whether a TRO actually was entered. Did either of you receive paperwork from the Court? Your boyfriend would have had to have been personally handed a copy of the Order. Otherwise, he would certainly have a notice defense if there is ever a contempt charge for violating the Order. This doesn't sound like a NJ matter. Perhaps this occurred in PA? They handle their PFA's differently (Protection From Abuse).

Can you drop a no contact order?

You asked for the no contact order and you can ask the judge to drop it. You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it.

What happens if you violate a no contact order?

However, the most immediate result is that violation of a no-contact order almost always results in revocation of bond. Once the bond has been revoked for the violation of a no-contact order, then a person is kept in jail ...

Can a no contact order be lifted?

From there, the defense counsel can take care of getting a no-contact order lifted, or otherwise modify it. Generally speaking, in most circumstances, a defendant will automatically be given a no-contact order in a misdemeanor or a felony domestic violence case.

Do you have to appear in court to drop charges?

No court appearance is required, it’s all done on paper, and a judge’s order is signed faster than you can normally get a hearing date. This way the defendant and the complainant can have contact with each other. With regard to a request to drop charges, we use a very similar format for one simple reason.

Michelle A. Fioravanti

If you don't have an attorney, get one ASAP. Tell your girlfriend you can't talk to her right now because of the no contact order, and suggest she call your attorney and tell her/him she would not like to pursue charges and wants the order lifted. Sometimes this can be resolved at the preliminary hearing.

Michael J. DeRiso

It sounds like you have been charged with simple assault. You need to get a lawyer. To have a bond condition changed will require the court to petition the court. Each county has their own local rules as to how this will be done, however, it is required.

What is a no contact order?

The “no contact” order also protects the defendant by making sure nothing else happens while the case is pending. In many of these cases, the person accused of the crime is married to the alleged victim. The parties might have children together. Both parties often want the “no contact” provision lifted. Unfortunately, the court might refuse ...

What are the rules for no contact?

The term “no contact” includes the following prohibited acts: 1 Communicating orally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person, with the victim or any other person named in the order. 2 Having physical or violent contact with the victim or other named person or his or her property. 3 Being within 500 feet of the victim’s or other named person’s residence, even if the defendant and the victim or other named person share the residence. 4 Being within 500 feet of the victim’s or other named person’s vehicle, place of employment, or a specified place frequented regularly by such person.

What does "no contact" mean in a court case?

The judge will tell the defendant that he or she can have “no contact” with the alleged victim in the case. The “no contact” provision effective puts the defendant in a “time out.”. During that time, the parties can focus on themselves and the best ways to improve their situation. The goal in these cases is to prevent any further allegations.

Can a criminal defense attorney lift a no contact order?

An experienced criminal defense attorney in Tampa, FL, can file a “Motion to Modify Conditions of Release and Lift the No Contact Order.” The goal is getting the court to modify the “no contact” provision to “no violent” contact.

What does "no contact" mean in a domestic violence case?

If you are charged with domestic violence then be especially careful not to violate the letter or spirit of the “no contact” provision. No contact means no contact of any kind, even through a third party. Any violation can mean that you will be held no bond during the remainder of the case. If you are charged with the serious offense ...

Can a no contact order be modified in Florida?

Over the past 18 months, the courts in Florida have become more hesitant to make modifications to the “ no contact” order while the case is pending. In fact, the courts often read questions from a script while questioning the alleged victim about the facts of the case.

What to do if you are charged with domestic violence in Tampa?

If you are charged with domestic violence, either battery or assault, and need an experienced criminal defense attorney to assist you, then contact our office. We are experienced in representing both men and women in domestic violence cases in Tampa and throughout Hillsborough County, FL.