How Do I Get A No-Contact Order Lifted?

• The Law Offices of David Hammerstad
• Blog
• Domestic Violence
• How do I get a No-Contact Order lifted?

How do I get a No-Contact Order lifted?

09 Oct

How do I get a No-Contact Order lifted?

By Admin Comments Off on How do I get a No-Contact Order lifted?

It depends on the type of no-contact order. There are generally two types of domestic violence no-contact orders—the kind that are issued in conjunction with a criminal prosecution, and the kind that are issued as a result of a separate civil proceeding. If you are charged with a crime of domestic violence a judge will almost always issue a pretrial no-contact order, whether your accuser wants such a no-contact order or not. In rare instances, and only when the accuser advocates for it, a judge may lift such a no-contact order, but in the vast majority of cases you will not be able to get a no-contact order lifted while your case is pending. You may, however, be successful in modifying a no-contact order to allow for specific exceptions such as limited contact through a designated third-party or via email to make child custody arrangements. Your lawyer can help you make the necessary motion, either at your arraignment or a later bail hearing.

Upon the conclusion of your criminal case there may be a variety of outcomes regarding the no-contact condition. If you are acquitted or your case is dismissed the court has no jurisdiction to impose a no-contact order and the pretrial no-contact order will no longer have effect. If you are convicted, you will likely be subject to an extended no-contact order (up to two years for a misdemeanor conviction and five years or more for a felony conviction). However, the existence, length, and conditions of such orders are discretionary and may be successfully shortened, qualified, or eliminated with the help of a lawyer, either through plea negotiations or advocacy at a contested sentencing hearing.

A no-contact order which is issued as a result of a civil proceeding, such as a Domestic Violence Protection Order, will typically only be lifted upon motion of the protected party. The best way to avoid a civil protection order is to challenge its issuance from the beginning. Civil Protection Orders can only be imposed by a judge after a hearing in which he or she finds, by a preponderance of the evidence, that the party seeking protection has suffered acts of domestic violence or has been put in imminent fear of domestic violence. A lawyer can help you prepare for and represent you at a contested hearing, minimizing the chances you will be subject to a protection order which can show up in background checks, adversely affect your right to possess firearms, and subject you to future accusations, grounded or otherwise, that you committed a crime by violating the order (although Domestic Violence Protection Orders are civil in nature, violating one is a criminal act). If a judge grants the no-contact order, it will typically be in effect for a year, subject to the protected party’s motion to renew the protection order at the end of the year, though the law allows for an order to be issued for up to 5 years under certain circumstances.

Share this post

Author

Admin

About David Hammerstad

If you’re facing criminal charges, you need an experienced, respected advocate. David has been protecting his clients’ rights in Washington since 2003.

Categories

• Domestic Violence
• Drug Cases
• Expunging & Vacating Records
• Federal Crimes
• Post-Conviction
• Property Crime
• Sexual Offenses
• Violent Crime

Recent Posts

• What if someone you love is addicted to opiates?
• State of Washington v. Samalia: Cell-phones and the Abandonment Doctrine
• State v. Mayer: A Cop’s Misleading Explanation of Miranda
• The Files Are In The Computer; State v. Cates and “Plain View”
• State v. Brush: What is a “prolonged period of time”? That’s up to the jury…