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I had a domestic violence case, and there is a no contact order between 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 appropriate way of writing it so that the judge definitely lifts it. The main reason of why I would like it to be removed is our 9 month old son. I would like to be able to get back with his father. He is a good person with anger management problems, but has never had a situation like this before, and from what I understand, would like to fix this as soon as possible.
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.
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 husband's 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?
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.
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
Simply his lawyer will take care of everything after I do my part?!?
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.
Is it possible for you to read this and let me know if it convinces you? Thanks!!!
I hope you will fully read and take into consideration the following sincere plea.
My name is Maria and this is regarding the case # 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 this matter is 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 counselling 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 counselling 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.
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.
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