Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I am researching reasons the court would lift a no contact

Customer Question
order with my husband JA: Since...
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: 1 year ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 59 minutes by:
10/16/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,731
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

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?

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year 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.

Ask Your Own Criminal Law Question
Customer reply replied 1 year 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.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year 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!

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year 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.

Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,731
28,731 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Can someone release my criminal records to my employer?
Can someone release my criminal records to my employer? Also, can I sue my ex-girlfirend if she cause me a problem at my job by releasing my old record?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
My Husband has a criminal record of unlawful use of a weapon
My Husband has a criminal record of unlawful use of a weapon and possession. He did three years and was released August 2004. He served his probation and paid all fines. He has had no further criminal… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,731 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I live in Michigan. Can I file a criminal complaint for
I live in Michigan. Can I file a criminal complaint for usury? I was charged 60% interest on a 20k personal loan from a private individual. During a court hearing in which the plaintive was sueing me … read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have no criminal record, but recently discovered a
I have no criminal record, but recently discovered a committment order filed 13 years ago and sealed. I had attempted to buy a .22 pistol and was denied by NICS … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I am currently in the process of getting my criminal record
Hello, I am currently in the process of getting my criminal record expunged (I have a misdemeanor drug charge from 2003). I am using EasyExpunctions.com for the expungement process. Regarding the peti… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,731 satisfied customers
Can I be prosecuted for exposing my ex's criminal record to
Can I be prosecuted for exposing my ex's criminal record to his HR manager if sent anomously?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,731 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
I have a criminal record dating back to 1984 in Maine when I
i have a criminal record dating back to 1984 in Maine when I sold a 1/4gram of powdered cocaine to an undercover police officer I met in a bar in Portland. But since we made the actual transaction in … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I would like to find out if my criminal record has been
I would like to find out if my criminal record has been exponged. I want to travel to Canada in august … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Is the filing of a criminal complaint defamation if the
Is the filing of a criminal complaint defamation if the prosecutor decides not to press charges against the person who was named in the criminal complaint? Also considering that the criminal complaint… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,731 satisfied customers
Trying to find out if my sons criminal record of two
Trying to find out if my sons criminal record of two felonies will be eligible to be expunged and sealed… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,731 satisfied customers
I just found out that my criminal record lists HIGH
I just found out that my criminal record lists HIGH OCCUPANCY VEHICLE LANES - SINGLE OCCUPANT VEHICLE VIOLATION as a MISDEMEANOR. Shouldn't this be listed as a Petty Misdemeanor? … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
Will child abuse cases show up on a criminal record in
Will child abuse cases show up on a criminal record in Japan? I know they don't have a child abuse registry so was wondering if a criminal record search was conducted, if that type of record will show… read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
Location PA: Topic: expunge criminal record Criminal Charges
Location PA :Topic : expunge criminal recordCriminal Charges where made back in 2014 and they where dropped in 2015.How do you get this removed from a criminal background check?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
If you see criminal records on a background check in
If you see criminal records on a background check in California that are not - actually from another county- how does one get these removed- I know I need to call the court but what's involved. And, c… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,731 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x