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Old 06-07-2007, 02:33 PM   #1 (permalink)
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no contact order how to lift?

My husband and I have a no contact order I called the prosecuting office and they said he might get a jail time and a 5 year no contact order from me from his offense DV...I want to know when is the best time to file for dismissal of no contact order to judge, now that the case is still on going or after his sentencing?
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Old 06-07-2007, 02:40 PM   #2 (permalink)
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Quote:
Originally Posted by squash02 View Post
My husband and I have a no contact order I called the prosecuting office and they said he might get a jail time and a 5 year no contact order from me from his offense DV...I want to know when is the best time to file for dismissal of no contact order to judge, now that the case is still on going or after his sentencing?
A few questions come to mind. First of all, you say you and your husband have a no contact order. Against whom? Against each other? Who asked for the order--did you both ask for one against each other? Or did the judge just order it on his own? Who said your husband might get jail time? I am trying to understand what you have written.

Are you saying your husband has been charged with domestic violence and as a result, he might get five years and the judge has imposed a no contact order? If so, WHY would you WANT the order lifted? Is it because he is in jail and you want it lifted while he is there, confined?

Biggest question. Don't you (or he )have an attorney who would/will represent you?
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Old 06-07-2007, 02:54 PM   #3 (permalink)
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Im sorry if my post wasnt clear....my husband is on bail for DV charge by Prosecuting Attorney in our state coz I report the incident to the police of DV. And I think judge order him not to contact me in any way so since the incident happened we havent contact each other so I am not sure what's going on his case but I heard from a friend that he might plead guilty and the PA offer him a month jail time and some classes he need to attend and an order not to contact me for 5 years but I dont know how I will be informed for the status of his case coz I didnt receive any noticed from anyone in the court....5 years is very long and I still want my husband back that's why I want the no contact order be lifted but I am not sure if I need to wait for the sentencing of the judge or I can file the motion now though the case was not done yet? I am looking for attorney that can help me with that but I want to make sure first if I needed to wait a little bit time or go forward now.
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Old 06-08-2007, 07:12 AM   #4 (permalink)
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Quote:
Originally Posted by squash02 View Post
Im sorry if my post wasnt clear....my husband is on bail for DV charge by Prosecuting Attorney in our state coz I report the incident to the police of DV. And I think judge order him not to contact me in any way so since the incident happened we havent contact each other so I am not sure what's going on his case but I heard from a friend that he might plead guilty and the PA offer him a month jail time and some classes he need to attend and an order not to contact me for 5 years but I dont know how I will be informed for the status of his case coz I didnt receive any noticed from anyone in the court....5 years is very long and I still want my husband back that's why I want the no contact order be lifted but I am not sure if I need to wait for the sentencing of the judge or I can file the motion now though the case was not done yet? I am looking for attorney that can help me with that but I want to make sure first if I needed to wait a little bit time or go forward now.
I think it's best if you discuss this thoroughly with an attorney in your area as soon as possible. The original report of domestic violence has already set wheels into motion that can't be stopped dead in their tracks at this point. Whether you decide to remain with your husband or not is your own personal choice, but I really do think you need qualified counsel to assist in this one. I think it would be in your best interests to have an impartial set of eyes take a look at all of the circumstances surrounding your particular situation. I'd imagine in cases like this, it's a natural instinct to want to lessen the severity of the outcome, but I'd also quietly suggest you refrain from intervening without licensed legal (and other) counsel at your side. Just an opinion here.

You may also want to find support groups and other counseling in your area as well. Understand this entire post is only an opinion, but I do believe you should consider outside resources that can help in a non-legal sense as well. Regardless of any legal decisions you end up making, I can't help but believe the support and experience of other non-legal professionals can help bolster both your emotional well-being and decision making processes during some very difficult times. Without sending up hysterical alarms, I believe you need to look a little further ahead than you are at the present .. after all this isn't just your future here. It could be your life.

Again, just offering an opinion here. Good luck to you.
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Old 06-08-2007, 08:31 AM   #5 (permalink)
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Quote:
Originally Posted by squash02 View Post
Im sorry if my post wasnt clear....my husband is on bail for DV charge by Prosecuting Attorney in our state coz I report the incident to the police of DV. And I think judge order him not to contact me in any way so since the incident happened we havent contact each other so I am not sure what's going on his case but I heard from a friend that he might plead guilty and the PA offer him a month jail time and some classes he need to attend and an order not to contact me for 5 years but I dont know how I will be informed for the status of his case coz I didnt receive any noticed from anyone in the court....5 years is very long and I still want my husband back that's why I want the no contact order be lifted but I am not sure if I need to wait for the sentencing of the judge or I can file the motion now though the case was not done yet? I am looking for attorney that can help me with that but I want to make sure first if I needed to wait a little bit time or go forward now.
First of all, you need to make a distinction between his having an order not to contact you and you having an order not to contact him. There IS a difference and it is more than syntactical. Secondly, you are hypothesizing--you think this and you think that. It would be better to simply CALL the DA's office and ASK the disposition of the case against your husband. This is NOT privileged information. If it has already been ruled on ( and it has to some degree since he is out on bail) just ask the DA. There is no conflict for the DA's office to speak with you.

Thirdly, who is going to be a witness against your husband? You filed the report but the DA is pressing charges. How does he anticipate successfully prosecuting this case without your testimony? Have you been asked to testify? Since YOU haven't been charged with anything, I am not certain you NEED an attorney, unless, of course, it is to have him answer these questions that you have. The distinction I am making is that YOU don't need representation in the strictest sense of the word since YOU aren't being charged. Since the DA has the ability to ask the judge to impose a certain sentence, I express what you want to the DA. You are NOT negligible in all of this--you ARE the primary witness, unless, of course, the police saw him beating you, etc.

Forgive me for not being as politically correct as others, and for not mincing words on my next comments, but I believe it is very unwise for you to "soften" the punishment of what your husband has allegedly done ( or actually done, per your own admission). He IS an abuser. Your pressing charges then not letting the system work to remedy the situation is sending a very clear message to your wife-beating husband---that domestic violence is ok and that you are not serious about being protected. You are giving him a green light to abuse you further. Your situation is typical in male on female abuse---she is scared without him, doesn't want him to go to jail, she believes he will change, he offers her the world---and in actuality, nothing has changed.

For your husband to get five years means he HAS priors, I suspect. Also, your interference in the process ( note difference between asking questions and interfering-they are not the same) at this point, will also send a message to the DA---you become reluctant to prosecute and/or make it difficult for the DA, if things become worse in the future, no one will take your pleas for help seriously.

I would get in contact with a domestic abuse shelter and ask them to assist you. I strongly believe that what you have outlined in this posting is conjecture--you think this, you heard that. IF you want to know, call the DA and ASK. Calling HIS attorney is a conflict, but calling the DA is not. Ask the disposition of the case and express your wishes. I just have a hard time believing they are prosecuting your husband without your participation and knowledge.
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Old 06-08-2007, 08:50 PM   #6 (permalink)
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Again, I can only repeat what I've already suggested. If you have specific questions pertaining to your case, seek legal counsel in your area. You could potentially jeopardize your position by acting on something you've heard "through a friend" or even in open speculation on the Internet. Please don't let anyone either confuse your or dissuade you from seeking qualified legal help .. that is, in my opinion, your most reliable source of information.

As I said before, it's your life. Best of luck to you.
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Old 06-08-2007, 10:31 PM   #7 (permalink)
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Of course, I realize EVERYONE is entitled to their own opinion. Therefore, I am equally as free to state my own.

I believe a caveat of this site and common sense is SEEK real life legal advice. That is obvious and is not necessary to TELL everyone to do that. It is repeated countless times on this site.

However, obviously, people --for whatever reason either DO NOT or CAN NOT hire an attorney.

In the above situation, hiring an attorney to ask questions of a DA ( to answer the posters question about how to have the no contact order lifted) would be an outrageous cost for something she can clearly do for herself. I also feel it would be doubtful, if not impossible to HIRE an attorney to ASK for a no contact order to be lifted. On what grounds? Practically? The man (per her own admission) physically assaulted her. Legally? The order is in place to protect her whether or not she THINKS she needs protection. Lets say she hires an attorney and he moves for the order to be lifted ( per her request ). What happens when -hypothetically, of course--an attorney requests the order lifted and the husband gets out of jail and God forbid assaults or kills her. Guess who could be liable?? The person who asked the order to be lifted. An attorney would NOT advise her to have the order lifted. Finding one who would DO so would be difficult. NO one is going to assume that kind of liability.

From a strict legal standpoint, she does not have a "position" that NEEDS defending, such as being charged with a crime, (i.e. being a plaintiff or defendant) etc. However, I am sure, if she LOOKS hard enough there will be SOMEONE who will take her hard earned money. For what? To tell her how to have a contact order ( one she doesn't even know for sure exists) lifted?

Bottom line: EVERYONE and ANYONE has the right to legal counsel and should seek it--its like insurance--who ever said, "Oh drats, I shouldn't have bought that extra insurance!!" Of course, no one. But, to tell EVERY poster EVERY posting "I suggest you seek the advice of a qualified attorney" is elementary. That is implicit in the purpose of this site. However, pointing out that if she isn't a direct party TO the action being taken, she could save money by merely asking the questions of the DA herself is NOT the same as advising someone to neglect obtaining legal representation.
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Old 06-09-2007, 09:36 PM   #8 (permalink)
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