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?
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?!?
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.
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