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Attorney & Mediator
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Is it possible to get a no contact order lifted in a domestic

Resolved Question:

Is it possible to get a no contact order lifted in a domestic violence case.
Submitted: 8 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 8 years ago.
It is very difficult to get it lifted once in place. First, if the district attorney is the one who requested that it be placed, they are the only ones who can request that it be lifted. Otherwise, the petitioner of the restraining order would have to file a motion requesting that it be dropped and convince the court that there are no longer any concerns for which the restraining order needs to remain in place. Given that domestic violence cases are seriously taken into consideration, revocations are rarely granted.



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Please Note: My question is limited to your facts presented and additional information you post may not come in after my answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 8 years ago.
So your saying that in a criminal case, I would be wasting every ones time by asking for the order to be dropped. Would the petitioner be Tom, the one in jail?, Do you have any advice on what I could say in my letter addressing the protective order, because I don't want to give up.
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your reply. I just noticed your additional information pop up after I sent in my answer.

The petitioner is the person who requested the restraining order, Tom would be the defendant charged with the crime. The alleged victim or D.A. would be the petitioner. Yes, you would be wasting your time, especially if the D.A. requested the no contact order.

A letter won't work here, you would need to file a motion to get it revoked, but again only the person who asked for the restraining order can file the motion to get it lifted.

If you wish to address the court, you will need to ask the Judge to let you speak because they are not required to read letters without the approval of all parties involved. But to prepare what you want to say, you can let the court know that you need to have some limited contact in order to know what to do with his belongings and that no one is willing to help you. If your intent is to ask for the order to be listed, you will need to convince the Judge that the events where not enough to issue a restraining order given that you were not concerned for your safety, as you can see this would be hard to do given that he is being charged and pending a hearing. The most you can do is ask to limit contact for the sole purpose to dispose of his belongings, even if you can speak with them in front of the cops or while he is incarcerated in the visitor's area.


_______________________________________________

Please Note: My question is limited to your facts presented and additional information you post may not come in after my answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

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