Q: Is there any way a victim of Domestic Violence can remove the No Contact order against their perpetrator?
I was coerced into facing the grand jury for my partner and was told if i didn't go in front of them and speak up about what happened, then I would be charged with a crime. I did not want to go, nor did I ever want to press charges, let alone have a no contact blessed on us. It's causing us lots of issues, because we want to be together and neither of us are upset about the past anymore. She's in classes, staying sober and I'm missing her like crazy. She's my best friend and partner. We want to actually get married ASAP, but this No Contact is making it so we aren't able to. The Probation officer has no intentions of removing the no contact anytime soon. Again I, the victim, never once wanted it in place or my partner to be charged with domestic violence.
A: It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very easily or very far in all likelihood. If there is a probation officer, then it sounds as if the trial process has already been resolved and now it is just waiting until the sentence is fulfilled. You can file a motion to lift the restraining order but it is not likely to be successful and just be a waste of money in my opinion. Good luck.
A:
It’s understandable that this situation is difficult for both of you, especially when you never wanted the no-contact order in the first place. However, once a no-contact order is issued, it typically cannot be removed by the victim alone. The court issues these orders for public safety, often based on the severity of the situation and legal obligations, so it can be challenging to reverse.
You may be able to file a motion with the court asking for the no-contact order to be modified or lifted, but the judge will ultimately decide based on factors like the history of the case, your partner's progress in classes, and the recommendations from probation. Sometimes the court wants reassurance that the relationship is safe before making changes.
Working with a legal advocate or attorney can help you navigate this process. It might be necessary to show that both of you are in a good place, that you feel safe, and that you’re voluntarily requesting the change. Keep in mind, even with both parties in agreement, the court may still prioritize caution and delay any modifications to the order.
Gregory L Abbott agrees with this answer
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