Q: if prosecutor lifts msdmnr domestic battery & accepts plea to lesser marijuana charge, how long to end no contact order?
Since both charges originated from one case will the no contact order remain until probation for marijuana charge is complete?
How do I advocate (as the victim in this case) for resolution of no contact order asap?
A: Most of the time, a "No Contact Order" (NCO) is issued pre-trial to prevent the person charged (defendant) from influencing the state's witness (person on NCO). Once the case is no longer pending or "pre-trial", the NCO is terminated. Often, a post-trial NCO will be part of a plea agreement, but cannot be longer than the sentence (jail time and probation). Your attorney and the prosecuting attorney will decide whether or not the NCO terminates when you plead guilty to the lesser misdemeanor marijuana charge.
A: As the alleged victim in the domestic violence case, you can tell the prosecutor you do not want a No Contact Order (NCO). Generally, the "State" or prosecuting attorney will not agree to drop the NCO while the case is pending. At any hearing, you may ask the judge for permission to request that the NCO be lifted. The defendant can also have his attorney petition for a hearing at which you could testify that you do not want the NCO to remain in place. But, of course, if you have contact with the defendant before that, he or she is violating the NCO...avoid that.
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