Charlotte, NC asked in Domestic Violence for North Carolina

Q: How can i get the no contact order lifted im the vic and i want it lifted due to our daughter

We have a no contact order in place once he gets out but we live together and we have a kid together and he doesnt knownit yet but abother otw i never wanted any of this to happen but it did how can i get his lifted so i can still live there bc i have no where else to go and so he can see his daughter

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2 Lawyer Answers
Melissa Averett
Melissa Averett
Answered
  • Domestic Violence Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: First of all, you do not have to dismiss the order for him to see his daughter, or even for you to live with him. You can have an order that prohibits him from committing future acts of domestic violence, but does not prohibit contact. Those orders are harder to enforce, but the law does not require no contact... its just one of the options. If that is what you want, you can file a motion to modify the order. If you really want the order dismissed, you can file a motion to have the order set aside. Use this form, and either strike out "renew" and write "modify" or check the box to ask the court to set it aside. You file the motion, ask the court to set a hearing date, serve a copy of the motion and notice of hearing on him, go to the hearing, and tell the judge what you want. You can also contact Legal Aid of NC to have an attorney help you at no cost. And you should consider contacting your local domestic violence agency to discuss your options.

Melissa Averett
Melissa Averett
Answered
  • Domestic Violence Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: http://www.nccourts.org/Forms/Documents/234.pdf here is the link to the form

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