QUESTION
My boyfriend was arrested for domestic abuse but is pleading to simple assault. Will the no contact order be lifted in that case? I never wanted it.
Asked on May 17th, 2012 on Criminal Law - Iowa
More details to this question:
My boyfriend was drinking heavily and grabbed my wrist-which did not hurt in the least, leave a red mark or bruise or anything, and he grabbed the side of my shirt I was wearing. The only thing he succeeded in doing to me was highly aggravating me to a point where I yelled at him and the police were called by someone and they incidentally arrested him for domestic abuse. There was a no contact order put into place by the magistrate, which I filled out the necessary paperwork to try to get it dropped and also spoke to the magistrate. I heard that my boyfriend was offered a plea to simple assault, if he takes that plea would the no contact order be dropped? If not what is the best way in going about getting it dropped?
1 ANSWER
General Practice Attorney serving Ontonagon, MI
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Robert Peterson, Attorney at Law
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As a result of a conviction (whether a plea or verdict) for domestic abuse assault, the county attorney may ask for a protective order as part of the sentence. The protective order may be ordered for up to 5 years in a criminal assault case (as opposed to the one year for a civil protective order). The county attorney prosecutes the case on behalf of the state, not the victim. Thus, while what the victim seeks is important, the county attorney may decide to protect the public from further problems and may ask for the protective order. The best approach is for the victim to talk to the county attorney and inform him/her of your wishes.
Answered on Jun 03rd, 2012 at 2:02 PM