How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Hammer O'Justice Your Own Question

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4037
Experience:  9 years legal experience, primarily in criminal justice
Type Your Criminal Law Question Here...
Hammer O'Justice is online now
A new question is answered every 9 seconds

I had a domestic violence case, and there is a no contact order

Resolved Question:

I had a domestic violence case, and there is a no contact order in between both of us. I understand I have to write a letter to the judge handling the case so that he lifts the no contact order. What would be the appropiate way of writing it so that the judge definately lifts it. The main reason of why I would like it to be removed is our 9mth old son. I would like to be able to get back with his father. He is a good person, with anger managment problems, but has never had a situation like this before, and for what I understand, would like to fix this as soon as possible.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 4 years ago.
If you are interested in having the no contact order lifted, your best bet is to speak with the prosecutor. Presumably the prosecutor is the person who helped obtain the order anyway. Since she has already reduced the charge, perhaps she can help you with getting the no contact order modified to prevent any unlawful contact rather than any contact period. Without the prosecutor's consent, it will be very difficult to get this order lifted.
Customer: replied 4 years ago.

Well, I have spoken with the prosecutor, and I actually was able to ask her regarding the no contact order and she gave me two options. First to have my husbands lawyer do some type of appeal regarding the lifting of the no contact order, and second I could do a letter to the judge directly, so that the judge can give me some court date and ask me the reasons why I want it to be lifted.

Another thing is that since the charges were down-graded to a misdemenor, does my husband have to plead guilty? The prosecutor said that the minimum sentence would be one year probation and 26 weeks of batters intervention, but I understand he doesn't want to plead guilty. Would it be possible for the misdemeanor to be removed in the future from his record?

Expert:  Hammer O'Justice replied 4 years ago.
When you write the letter, you just need to explain to the judge why you feel that your personal safety and that of your child is no longer at risk. The reason he is out of the home is to protect you, and if you can convince the judge that he's no longer a danger, that will help you in getting the order lifted. If he is doing something productive, like going to therapy or anger management classes, that would help because it may make the judge think that he is trying to work on his anger problem. But as long as the judge thinks he poses a threat to you, the judge will keep the order in place. The fact that the charge was downgraded may also help.

Your husband doesn't have to plead guilty. But you have to testify honestly and if he doesn't take the offer and is convicted, he may face more serious penalties. That is a conversation he needs to have with his lawyer. If convicted, the only way to remove the charge from his record is to apply for a pardon.
Customer: replied 4 years ago.

After I send the letter, what happens? Is there going to be a court date?? for what??? Not a trial I guess(I'm just too new with all this criminal terminology and process)...

Will I have to testify? Or symply his lawyer will take care of everything after I do my part?!?

Expert:  Hammer O'Justice replied 4 years ago.
The judge will likely schedule a hearing and ask you questions. It's not a trial. He will just be asking you questions to make sure that it would be safe to allow the defendant to come back home.
Customer: replied 4 years ago.

Is it possible for you to read this and let me know if it convinces you? Thanks!!!

Dear Judge Richards,


I hope you will fully read and take into consideration the following sincere plea.

My name is XXXXX XXXXX this is regarding the case #XXXXX for my husband Steve....

The purpose of my letter to you today is because I would like for you to lift the ‘no contact order' in between my husband Steve.... and me. For unfortunate circumstances, we were involved in a domestic violence case that occurred back on April 29, 2010. I am aware of how serious is this matter and for that reason I did the report.

I understand all the consequences of our acts. In this case, a very important reason of why I am asking you to lift the order is our 9 month old son, Mathew..... I personally feel that my baby's safety and mine is not a risk. I have always wanted a united and beautiful family for him and believe that I can obtain it with parent and marriage counseling for both of us. I want a role model of a dad for him and I know Steve is a good person and father and at this moment is not a threat to us.

I have also spoken with Mercy the first prosecutor in charge of the case, and told her about the circumstances, and there were two charges: Domestic violence and tampering with the victim, not allowing me to call 911, which I understood was a felony, but she has agreed to down-grade the charge to a misdemeanor, since it is the first time and the last time it happens.

I also understand that Steve is willing to accept the Batters Intervention courses offered by the state and is willing to go to counseling so that we can fix our problem from the root.


I beg your honor to please consider my sincere plea to remove the no contact order. You are the one who has the ability to give us as a family a second opportunity.


Expert:  Hammer O'Justice replied 4 years ago.
It looks fine. Realistically, nothing would convince me, because I have dealt with too many victims of domestic violence who take their abusers back at their peril, so it is hard for me to be objective. But I think it explains to the judge the message that you want to communicate. The letter is really just to buy you a hearing. It is in the hearing where the judge will likely make up his mind.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4037
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 16 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL

Meet The Experts:

  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • Nate's Avatar



    Satisfied Customers:

    Over 10 years of criminal defense practice.
  • LawTalk's Avatar



    Satisfied Customers:

    30 years legal experience
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16 yrs. of experience including criminal law.
  • Marsha411JD's Avatar



    Satisfied Customers:

    Licensed attorney with 27 yrs. exp. in criminal law
  • RobertJDFL's Avatar



    Satisfied Customers:

    Experienced in multiple areas of the law.