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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23164
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am researching reasons the court would lift a no contact

Customer Question

I am researching reasons the court would lift a no contact order with my husband
JA: Since laws vary from place to place, what state is this in?
Customer: Oregon
JA: Have you talked to a lawyer yet?
Customer: No, but I have court on the 24th
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well I'm not sure what information would be needed regarding the case
Submitted: 7 days ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 days ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Please tell me if the order is a criminal or a civil court order? Are you the complaint? Do you want the order lifted or are you worried that the judge may lift it against your wishes?

Expert:  Zoey_ JD replied 7 days ago.

I was hoping to hear from you before typing a reply, but i will provide you with an answer. If it does not address what you most want to know, please answer the questions I left for you earlier and restate your question so that I better understand your situation. I'll be happy to expand my answer.

Frankly, as a matter of policy, courts are very reluctant to lift no contact orders. They operate from the premise that the complainant wouldn't have asked for one if he or she hadn't felt threatened by the actions of the defendant. They are aware that complainants frequently change their mind because of pressure from the defendant. Also, in the case of a criminal order, the prosecutor usually opposes the lifting of the order, and judges tend not to go against that unless to not do so would be to create an injustice.

If you are the complainant and this is a ccriminal matter, you can talk to the prosecutor who's handling the case and try to get him or her to understand why you need the order to be lifted and the grounds you have to believe that you'll be safe without an order.

As I've already indicated, judges and prosecutors are reluctant to lift these orders. Generally, you, therefore, a complainant would have a better chance of getting the order modified to allow limited contact, so long as there's no harassing, assaulting, intimidating involved than to get it lifted altogether.

If you are the defendant, and the complainant still wants the order, you're unlikely to get it either lifted or modified without consent.

If this is a civil order and the complainant doesn't attend the hearing to convert the temporary order into a permanent one, the matter will be dismissed and an order lifted.

If you require additional information, please post your follow up here on this question thread, and I’ll be happy to provide it.

If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or 5 stars, as that is the only way that JustAnswer gives us Experts credit for our work here. You would still be able to ask further follow ups about this incident for no additional cost, even after I've been rated.

Customer: replied 7 days ago.
I want advise on what I can say to the judge to drop this NC order. My husband got a mencing charge with domestic violance. I called 911 and canceled my call. I was scared for maybe 2 min max. He pulled a knife from his pocket and held it over his head. I freaked out. He didn't come towards me, didn't touch me. When he was arrested he has a BAL of .35 . He has no crimimal record for over 12 years. The DA showed my his criminal record from the past, is that legal? I dont even see how its revelent from so long ago. We have been together for nearly 10 years. We have never had these problems before. I had to take a class called alternatives to violence in order to file to have it lifted. I am not in fear. The DA is pursuing this case, but I disagree and met with her and told her that. I want to reconcile with my husband. This has turned my life upside down.
Expert:  Zoey_ JD replied 7 days ago.

Everything you told me, unfortunately, is perfectly consistent with what I told you. DAs just don't want to drop these orders and will find any excuse they can to keep them going. However, the DA does know that you don't want to cooperate further with the case, and if you stick to what you feel, you may be able to get the order lifted sooner rather than later. Talking to the judge won't make much of a difference if the DA is opposed to lifting the order. It's the DA's case and not yours or the judge's.

Cases like this are generally he said/she said cases, meaning there are no other witnesses to the incident and your cooperation and testimony are necessary in order for the DA to convict your husband. So, if you don't cooperate with the DA, the case sooner or later will have to go away.

You need to talk to your husband's defense lawyer and tell him you've been trying to drop and that the DA knows you don't want to cooperate in your husband's further prosecution. Ask the lawyer what more you can do help your husband and if he can help you drop the case.

It's been my experience that when the state's star witness (you) and the defendant join forces to get a case tossed out, something favorable can be worked out for the defendant.

Good luck!

Expert:  Zoey_ JD replied 6 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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