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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26787
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How do i get a no contact order revoked? My fiance and i got

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How do i get a no contact order revoked? My fiance and i got into an argument and the state put a no contact order on him. However, we are doing just fine, in counseling and live together. He was arrested today for a violation bc a police officer saw him walking down my street.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hi Jacustomer,

Unfortunately, when there is a no-contact order in effect, the parties cannot decide to ignore it and forgive each other. That can cause exactly what happened here -- someone sees him in violation of the order, reports it, and throws him into jail. It is not a defense that it was okay with you and that you've been living together and trying to work it out through a counselor. While I'm sure you will both benefit from the counseling, you should have tried to get that order lifted first. Now, it's too late.

As you are the complainant on the underlying case, the way to get the order lifted would be to talk to the prosecutor handling his case and say that you wish the order lifted because you believe that the two of you can straighten this out with counseling and that you are not in any fear for your safety. If the prosecutor refuses to lift the order you can talk to your fiance's lawyer and ask for help with that, and he can get the matter brought before the judge.

As for the violation, they caught him on your street but may not have caught him coming from the house. If he didn't admit to living with you still and being in violation, he may be able to fight the charge.

Make sure he has a lawyer.
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