Q: Hello, is it possible to file a motion to have a DANCO removed before his court date?
I was involved in a domestic last Sunday and this was the second time in two years my husband has been arrested for a domestic. There is a DANCO in place but we have a home and three young kids together.
A: Is it possible to file a motion to cancel the DANCO? Yes. Is it likely to be granted? No. This is the second domestic in the last two years and the most recent domestic assault occurred about a week ago. I do not believe that the Court is going to grant your request to cancel the DANCO under these circumstances. But you can certainly make that request of the Court.
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