QUESTION

Do no contact orders generally get lifted for misdemeanor DV charge?

Asked on Dec 05th, 2013 on Criminal Law - New York
More details to this question:
I have a hearing to get a no contact order lifted on my son’s father and my boyfriend and am wondering what should be said to have a greater chance at achieving this. I am not happy with what happened. I am going to DV counselling, I believe he is taking classes as well but am not sure because I can't talk to him but we have a new born and this is making things impossible. I am dead set on classes being taken whether court ordered or not and there will be absolutely NO alcohol in my house or consumed, to ensure this does not happen again! I am not a woman who feels like they need this guy or am scared to leave him, not the case. If these classes and or counselling/no drinking is not met, I will leave. I am not going to throw something away that can be fixed and I sincerely believe it can. My son needs his family back together. He is completely distraught and knows his dad is not home. He is not eating right, sleeping right, and is upset all the time. Our family was GREAT before this we just have been through an overwhelming amount of stress and did not focus on that in our relationship or communicate as we should have, he turned to alcohol and snapped. He did not hurt me in any way. He just put me on the couch and the guy below had called the cops. I'm going through a lot of medical issues as well that are very debilitating and he has been the one person to help me through that with my son when this happens. I neither have family or friends here to help nor do I have a car. I am a stay at home mom. Do you think it will be lifted based on all of this? My dad was a cop and detective and I have learned what to look for with men who are abusive. He doesn't have them BUT again what happened was not OK and actions will be taken to ensure it does not happen again. I want him home for my son and there is no need for this no contact order.
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2 ANSWERS

Michael J. Breczinski
Well this is what you have to tell the judge at the hearing to lift the no contact order.
Answered on Dec 10th, 2013 at 11:21 AM

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John J. Carney
Have your lawyer talk to the prosecutor to ask for a limited order of protection. The judge will almost never remove the order of protection but if the lawyer makes a good case or the DA approves it might be made a non-offensive conduct order.
Answered on Dec 06th, 2013 at 9:01 PM

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