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I have a scheduled hearing on Wed. December 13 to try to…

Customer Question
I have a scheduled...

I have a scheduled hearing on Wed. December 13 to try to dismiss a no contact order. And i just want to know my chances for it to be dropepd

Lawyer's Assistant: In what state did this occur?

Idaho

Lawyer's Assistant: Have you talked to a lawyer yet?

No. Currently not financially stable to afford one.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just what my chances would be for the no contact order to be dismissed

Submitted: 7 months ago.Category: Criminal Law
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Answered in 1 minute by:
12/11/2017
Criminal Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Could you provide me a bit of background as to why it was issued int he first place?

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Customer reply replied 7 months ago
It was back in June and we got into a argument over relationship problems. There was another female involved, it ended up getting out of hand between us we both were emotional and it shouldn't have been resolved the way it did. He was refusing to leave our house and he was starting to to get upset by the way i was talking to his mom and it got a little physical by pulling my leg underneath me it was just way out of hand and like i said could of been solved differently.
Criminal Lawyer: Legal Eagle, Lawyer replied 7 months ago

Do you have reason to believe that any kind of violence would continue? Or was this a one-time thing?

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Customer reply replied 7 months ago
One time thing
Criminal Lawyer: Legal Eagle, Lawyer replied 7 months ago

Understood. If this is the case, then it is likely that a judge will probably not continue the restraining order. The reason is because their job is to make sure that if there is a continued threat of harm, then they need to ensure that there is something there to protect people from that kind of harm. My recommendation to you would be to explain to the judge that emotions were running high and that this is a one time thing. If you haven't had any contact with them since the initial order was placed, then you should bring that up as well. This will help convince the judge that they are not going to make a deadly decision by lifting the order. If the other party can also say the same thing to corroborate what you've been saying, then that will be even more helpful.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
We did have violate the no contact order. So that is our down fall of it... I appreciate your time. Thank you for the information.
Criminal Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see. What was the nature of the contact?

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Customer reply replied 7 months ago
Probation officer looked through his phone and we ended up throwing a get together with his family so that was consider two more violation and he was arrested on behalf of those. But at the get together things got out of hand and there was physical behavior and people where attacking him and he ended up swinging and hitting a girl in the nose causing it to "break" she ending up pressing charged because her boyfriend ended up bashing our windows and someone bashed hers and we have witnesses that it couldn't have been us so thats why she presses charges she ended up going to their hearing and she ended up not wanting to press charges. NOW its a big mess and made it worse in our case, now the judge is seeing that he is physcial with other woman but that wasn't the case. I'm just wanting to know what my chances are going to be, we cant this to be dismissed so we can work towards the future
Criminal Lawyer: Legal Eagle, Lawyer replied 7 months ago

I certainly understand. If the no contact order was violated and there was violence the last time there was contact, then it is probable that the judge will probably extend and/or modify the order. It is possible that the judge may admonish all parties involved and I would expect that this kind of order be extended at least 6-12 more months and I would anticipate another hearing; however, if you have reason to believe that this was just a limited time thing, then make that clear to the judge. They don't want to issue these orders if they don't have to, but if they feel that justice can only be served if they do, then they will./

What other questions did you have for me today?

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Customer reply replied 7 months ago
That's all thank you for you time.
Criminal Lawyer: Legal Eagle, Lawyer replied 7 months ago

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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