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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 27713
Experience:  18 years of litigation experience.
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I have a m2 simple assault (threat) against me due to an

Customer Question

I have a m2 simple assault (threat) against me due to an altercation I had with my then fiance and summary offence harassment. I have sentencing on the 19th. There is a no contact order between us and we have 3 children together. I took a plea agreement for a year probation. We are to communicate through mentally unstable father regarding the children. She wants the no contact order dropped as do I. I put a motion in to the court to have it withdrawn from my bail restrictions but although scheduled they did not have me on the list and the motion was not heard. The next motions court is the same day as my hearing. What can we do to have the no contact order dropped so we can reconile and continue being a family? This was my first ever criminal offense. Do I need to put another motion in to the court or can I ask the judge at sentencing?
Submitted: 1 month ago.
Category: Family Law
Expert:  Zoey, JD replied 1 month ago.

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey, JD replied 1 month ago.

If you are the person against whom the order is to be enforced, the chances of the court granting your motion are not good. So long as the court believes the complainant wants and needs the order, the judge will keep it in place.

So, while you can file the motion, it's best if the complainant also speaks to the prosecutor and lets the DA know she does not want or needs the order and asks him to lift it. The case belongs to the DA and not your fiancee, but if she makes a compelling argument and convinces the prosecutor she would be safe without the order the prosecutor may agree to lift the order or to modify it to allow limited contact.

If the prosecutor won't agree, she can come to court for the sentencing and ask the judge to be allowed to speak prior to the sentence at which time she could ask for the order to be lifted.