Criminal and Family Law

Criminal and Family Law

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How do I get a Domestic Violence No Contact Order dismissed?

There are several different types of “protective orders” in domestic violence cases.  If you are sent to jail for domestic violence, the jail should have you sign something called a Jail Release No Contact Agreement, which is kind of like a protective order, but is only temporary until you go to court and see the judge.  If your spouse wants, she/he can waive the No Contact Order against you by signing a written waiver, or, when you go to court on your criminal case, you can ask the judge to remove it.  Also, you may be able to hire a domestic violence attorney to negotiate with the prosecutor to have it removed before you go to court.

If you have already gone to court, the judge may have ordered a Criminal No Contact Order against you.  In that case, the No Contact Order will stay in place until the case is resolved, the judge changes his/her mind, or until the prosecutor agrees to dismiss it.  Again, your spouce can ask to have it removed, you can ask the judge to have it removed, or you can get an attorney to negotiate to remove it.

Lastly, if your spouse filed an actual Civil Protective Order as a separate action against you (in addition to any criminal case), then the court will have a hearing within 30 days on the Civil Protective Order to determine if it should be made permanent.  You will have to fight the protective order in addition to your criminal case.  You or your attorney can go to the hearing and try to convince the judge to change the order or remove the order completely.  To find a good explanation of how to fight a civil protective order, go here.

One Comment

  • It’s interesting that the No Contact agreement is temporary until the court decides it should be permanent. My aunt has a protective order against her ex-husband, so I wonder if that one is temporary too. Is there a way to extend it?

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