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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90434
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Me and my fiancée were arrested and the judge said we were

Resolved Question:

Me and my fiancée were arrested and the judge said we were to have no contact but the first appearance paperwork didn't have any orders under the no contact section for either of us. We have 2 kids and she has them but she doesn't have a license or vehicle to get them to school or anywhere else she has never had a job. I am the only one in the family that has a license and an income. How do I get the no contact order dropped?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You must go to the same court and file a motion to vacate the no contact order. Unfortunately, if this was a domestic violence case between the two of you, both of you will need to appear in court and you will need to satisfy the court that neither of you fear physical harm from the other AND there will be no repeat of the incident that led to the initial arrest.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 11 months ago.
I was arrested for possession of over 20 grams. I claimed responsibility for all of it. But she was arrested as well. No violence and my kids weren't even around us
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your clarification.

If you were arrested as co-defendants in a case, I am afraid that you need to get to court to file the motion to vacate the no contact based on the children and need to share the children. The courts understand the needs of children to have both parents present in their lives and your attorney will have to show how you both are involved in their lives.
Customer: replied 11 months ago.
Is this something that I can file? My public defender doesn't see the no contact order. But my fiancées public defender said he will not try to get it dismissed for her
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

It is something your attorney has to file, since you are represented by an attorney. If her attorney will not cooperate, then this will be an issue and the judge is not likely to agree to remove the order without her cooperation.
Customer: replied 11 months ago.
She is wanting it dropped more than myself. Her attorney said he will set a court date to get her curfew extended because she can't get the kids to school she has a 7-7 curfew (I do not) it is her attorney saying no. Even DCF said there isn't any reason for a no contact
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

You need to get your attorney to discuss this with her attorney and your attorney will file the motion to vacate the order and her attorney and her will be present in court and at that time the courts will ask them about whether vacating the order would be a problem, especially in light of DCF not considering a need for the no contact order.
Customer: replied 11 months ago.
Thank you for your time and information. I did some investigating and found out that the judge said there is no contact in court but didn't put it on our first appearance paperwork so my attorney said there is not an enforceable no contact order. PLEASE TELL ME SHE IS CORRECT!!!!
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

If there is nothing listed in the documents about a no contact order, then it is not enforceable against you. You have to actually be given the order in writing to have no contact and your attorney is correct.

Also, please do not forget when we have finished to click on excellent service feedback as that is the only way the experts get any credit for the time spent working with you.
Customer: replied 11 months ago.
Honestly this is the best news I've got since my kids were born and if they had a rating over excellent I would check that for you but I will most definitely check EXCELLENT!!! for you!!!! And again thank you for your time and help plus the GREAT!!! News.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you.

Your attorney was the one in court with you and you need to trust your attorney's advice to you as well.

Thank you.
Customer: replied 11 months ago.
Thank you and I will trust him more. And if I'm wanting to ask you another question then I need to start another question so you get credited for the answer correct?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you very much.

You need to leave feedback on this one first and you can open a new question and make sure you ask for me in the opening line so that it is properly directed to me.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90434
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 17 other Criminal Law Specialists are ready to help you

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