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Juliana
Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience:  Former prosecutor with 4 years of experience, criminal justice degree
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How do I go about trying to drop a no-contact order? Also,

Resolved Question:

How do I go about trying to drop a no-contact order? Also, im looking for a job and the place this person who has the no-contact order works somewhere where they are hiring. Am i allowed to get a job there? will he get in trouble?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Juliana replied 4 years ago.

Hello,

 

Thanks for your question.

 

You would need to obtain specific instructions from the court that issued the no contact order regarding how to request that it be dropped. You may be able to request it by writing a letter to the judge, or, you may have to file a motion to request that it be dropped. You may also have to contact your local prosecutor's (sometimes called D.A.) to initiate the process.

 

Whichever way the dismissal request is initiated, the judge will likely hold a hearing on your request to drop the no contact order. He/she will want to know the reasons why you want it dropped, and if the defendant was required to attend some type of counseling, the judge will want to know whether/if it has been completed.

 

If you get a job where this person works while the no contact order is still in effect, you will likely put him in the potential position of violating the no contact order, even if he did not initiate any contact with you. It would be best for you to refrain from obtaining a job where he works unless/until you can get the no contact order dropped.

 

Hope this helps.

Juliana

Customer: replied 4 years ago.
what would be a good reason that a judge would exept?
Expert:  Juliana replied 4 years ago.
In my experience, the primary reason that a victim will want to drop a no contact order, and the main reason a judge will grant the request is that she/he is no longer in fear of the other person. Often, this is in the context of a husband/wife or boyfriend/girlfriend situation, and often, the perpetrator has completed some type of counseling, particularly if violent behavior was involved between the parties.
Customer: replied 4 years ago.

What would be the best timing for me to go about dismiss the charges? Should i wait until he is done with his counceling? Is there anything he can do or say to help get charges dropped? What would be the best thing I could say? And, are judges known to view phone histories in cases like this, or emails. thankyou.

Expert:  Juliana replied 4 years ago.

When he has successfully completed his counseling would likely be the best time, although if he has substantially finished it, that would probably look all right in the eyes of the court.

 

The judge is unlikely to question him about the no contact order. Defendants will almost always say that a no contact order was not necessary in the first place. And, it's certainly in their best interest to have it dropped, so naturally, whatever they would say is going to be biased in their own favor. In other words, a defendant is really not the best person to ask about dropping a no contact order. The victim's opinion and feelings are really the most important considerations for the judge.

 

I can't tell you what to say, because it would be unethical for me to put words in your mouth. You have to explain to the judge in your own words why you want to have the no contact order dropped. If you are honest and sincere about it, the judge will be more inclined to believe you and honor your request than if you were to use someone else's suggestions.

 

I've never seen a judge, on his/her own, review phone or email records. For one thing, a judge would not have access to these sorts of records unless he/she subpoenas them, and a judge is highly unlikely to do this. If one of the parties obtains such records and presents them to the judge as evidence, he/she will review them, but it very likely won't happen on the court's own initiative.

 

Hope this helps.

Juliana

 

 

Juliana and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
ok. thankyou so much for your help. :) Very helpful.

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