A “Domestic Violence No Contact Order” makes any type of relationship, direct or indirect, with the alleged victim impossible. And if you add in having children with the alleged victim, it can make that contact and communication even tricker. Now add in the holiday season and having a “No Contact” order in place may make you feel less joyful and celebrating even more difficult.
Lifting a “No Contact” order, especially in time for the holiday season, requires many different components and facets. You should never try to lift the order without guided counsel from your defense attorney. The trained and skilled attorneys at Stechschulte Nell Law want to share how to appropriately go about asking for the “No Contact” order to be lifted.
The Purpose of a “Not Contact” Order
Have you been involved in a relationship that has ended up in a “Domestic Violence No Contact Order?” Are you wondering how that happened and how you can get out of it? Was it put in place wrongfully or are you and the alleged victim ready to reconcile?
There are three common reasons for having a “No Contact” order in place:
- The alleged victim is still fearful or in fear of the accused.
- An abundance of caution for the alleged victim > even if there was no direct feedback or request for the order by the victim.
- The court looks at the circumstances and facts of the surrounding charge.
When the order is official and legal, it prohibits any type of contact, direct or indirect, with the alleged victim. This means no phone calls, texts, in-person confrontations, or asking through a third party.
Violating a “No Contact” Order
If you have a Domestic Violence No Contact Order, it is taken very seriously by the court. For whatever reason you may have one, you should know that it is not worth violating the order, even if it is during the holiday season. The best way to see or contact the alleged victim is to have the order lifted taking the appropriate, legal steps.
If the order is violated there are double the penalties. The charge for violation of a “No Contact” order is a new and separate criminal charge, “violation of pre-trial release conditions.” This new charge often accompanies a warrant for arrest and a revoke of your bond or R.O.R (release on one’s own recognizance), meaning you cannot be released from jail on bond or show up to court with a written promise to appear.
How to Lift a “No Contact “Order
There may come a time that it is appropriate and safe to lift a “No Contact” order, especially if both parties have expressed an interest through their lawyers and they are ready to communicate and repair the relationship.
Even if both parties are on the same page, it should still be handled by the court, because if the two parties do communicate against the order and an incident occurs, the penalties are severe.
There are a couple of approaches your defense attorney can use to help a “No Contact” order be lifted. At Stechschulte Nell Law we use two main approaches. We can either go to court on your behalf and request the order to be modified and even request for the hearing to be expedited. We also recommend an Agreement of Parties approach; this approach requires no court appearance between the parties. All the legal work is done behind the scenes: paperwork is completed, and the judge signs the order. This is most often faster than getting a hearing date set up.
Do not go to the state attorney’s office for advice. They do not represent you. Make sure you speak with your defense counsel who is on your side.
Ready to Have Your “No Contact” Order Lifted?
If you have a “No Contact” order and you are ready to communicate with the alleged victim this holiday season, make sure you go about it the right and legal way. The holiday season can be blue without communication, but it will be a lot worse if you violate your order.
Make sure to contact Stechschulte Nell Law, our attorneys are ready to take your case to court to help make sure your order is lifted properly and legally. Call us today at (813) 280-1244 to schedule a free case evaluation to see if your “No Contact” order is ready to be lifted!