Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.

A: It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an amended no-contacted order with amended conditions, but it varies depending on the circumstances.

The best way to go about this is as follows: have your attorney or your public defender reach out to the victim's advocate in your case. In every domestic violence case, there is a victim's advocate assigned to handle communication between the protected party (your mother in this instance) and the court/defense. Have your attorney reach out to the victim's advocate and explain what is going on.

If your mother wants to maintain contact with you, then have your attorney urge the victim's advocate to have the judge lift the no-contact order. Or at the very least, make sure that the court is aware of the situation to protect you in the event that they find out about any contact between you while the order is still in place. That way, the judge knows that the contact was not intended on your part.

The most important part is that YOU maintain NO CONTACT with the alleged victim (your mom) until the order is lifted by the judge. Most first time offenders will not go to jail if they abide by the conditions of the no-contact order, which means you will probably get a probationary sentence. This depends on the circumstances and extent of the alleged violence in your case. Most often, the no-contact order is lifted after sentencing.

So, while it is true that you will likely get probation as a first time offender, it is still imperative that you maintain no contact with your mother until the order is lifted. Hopefully, your attorney will be able to get it lifted before that time so that you may continue to have a relationship with your mother during these proceedings.

I am sorry that you and your loved ones are in this situation. Hang in there. This too shall pass.

A: Facing a criminal charge is a difficult experience. Especially in domestic assault cases, I suggest looking at both long term and short term problem-solving. The long-term is most important, of course. And the trigger for most long-term consequences is "conviction." So a good goal may be to avoid letting a "conviction" happen, at least for a domestic charge. An example of a shorter-term problem would be dealing with a "No Contact Order." The only person a prosecutor and judge will really listen to, when comes to dropping a no contact order, is their "victim." And that person may want to learn more about this, and how to go about it (including my website). The best thing the defendant can do about a no contact order is to respect it 100%, and always respect it, by not making any contact while it is in effect. Because these are serious charges with potential life-long consequences, it's important to get a good defense attorney helping you accomplish your goals. Do some research. Get on the phone. Call a criminal defense attorney with questions or about retainer.