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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 16379
Experience:  13 years experience in criminal law, BA in criminal justice
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My boyfriend and I have a no contact order violence.

Customer Question

My boyfriend and I have a no contact order for domestic violence. I'm the protected party. Is there a possibility this will be dropped at his pretrial hearing since it's his first offense?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Legalease replied 2 years ago.
Hello there -
Whether or not this matter will go forward depends upon the circumstances that led to the issuance of the order. In many cases, if the protected party was not hurt and it was a matter of raised tempers more than anything else, and there are no prior incidents, the court might drop the matter if you request that it be dropped and tell the prosecution that you are not in any fear of him and do not feel threatened by him. However, if there was any type of contact then it is going to be completely up to the prosecutor whether to proceed or not with the case and whether or not it will go forward will depend very much upon the personal feelings of the prosecutor and whether or not he or she is tough in these situations and will press forward with it until there is a true guilty verdict with this and a criminal record for your friend. If the prosecutor decides that he or she wants to pursue the case and your friend cannot afford a lawyer, then I suggest that he ask for a public defender and in either case, whether he has a public defender or a private lawyer if this matter is still active after the first hearing then you should communicate your desire to have this matter dismissed to the attorney and the attorney may have a better chance at convincing the prosecutor to let the matter drop. Again, it is completely up to the prosecutor in these situations. In the old days (say 10-15 years ago) if the complainant (you) refused to pursue the matter, then the prosecution would generally drop the case. However, the laws have changed in all states and it permits the prosecutors to pursue these cases if they have testimony from police officers and pictures / hospital reports of injuries - and it can be done without any cooperation from the complainant if they have all of their information together in a strong fashion. However, if the only evidence in this case is your testimony (there was no police involvement and no medical record involvement) and you refuse to testify or you simply forget a lot of the details then the prosecutor will have a much harder time moving forward with the case.
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