Q: PCO process, also medical exception exist(?) to modify judge's NCO to PCO if dv victim health deteriorating from NCO?
Boyfriend charged dv felony - released to sober living yesterday after 40 days. I requested peaceful contact 3 times since 1st hearing, 11/21 (we had contact the week before). Not approved for my protection/safety due to severity of case, no end date yet, Judge okay w/ continued requests w/victim service docs. I believe my best interest is a PCO since my future depends on it. But to make decisions for my future/the continuance of my relationship or not, I need contact with my boyfriend - questions for him/want more knowledge, especially about this situation. I don't want to wait in limbo any more days/months to decide how I will move forward with my future. Also, my health is deteriorating rapidly/dangerously due to stress from NCO. Stress severely worsens my diseases: autoimmune and 2 strains of Lyme; NCO is ironically the opposite to my safety (have not told Judge these reasons yet). I have: certificate (victim PCO consult), safety plan; any advice on letter to Judge to include too?
A:
Your BF obviously was represented by counsel, given he was charged with a felony and there were at least 3 hearings which you attended, most likely a PD (Public Defender).
Your only option, since you're not an attorney, is to have the PD file a formal motion seeking a sentence modification on your BF's behalf so I suggest that both you and your BF contact the PD who handled his case to file such a motion. If the PD is unwilling to do so, you or your BF will need to retain an attorney.
Be aware that the DA's office will oppose the motion and your health problems stemming from your BF being sentenced to a NCO will not influence the judge to modify the sentence.
Good luck.
A:
The easiest thing is to contact HIS lawyer to see if s/he can assist with your issue.
Otherwise, you will be paying a lawyer on an hourly basis to look into this.
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