How can I quickly get a No Contact Order Dropped? 55 Answers as of August 17, 2012

My boyfriend & I were in our front yard yelling at each other and a guy drove by and called the police and said he punched me in the face. The police said there was no evidence of assault but since there was a witness the state picked it up. I have done everything to get a No Contact Order dropped and this happened July 9th. The judge only comes in once a week and keeps saying they haven't had time to look at the papers. This is ruining our lives and they just keep saying call back next week. Is there anything I can do to get this No Contact Order dropped? We are sickened over this.

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Law office of Robert D. Scott | Robert Scott
The State's Attorneys Office in your jurisdiction has the authority get the no contact order dropped.
Answer Applies to: Maryland
Replied: 8/17/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
There is no quick way to do it. It is entirely up to the judge who is the only one who can modify the order. If your lawyer can convince the DA to agree to the modification, that will help.
Answer Applies to: New York
Replied: 8/13/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
You asked for the no contact order and you can ask the judge to drop it. You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it.

Just go to the court that put the order in effect and ask the Clerk's office to pull the case and tell them what it is that you are seeking. They should be able to assist you. This is one thing that you do not need a lawyer for.
Answer Applies to: Massachusetts
Replied: 8/13/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Keep going in front of the judge.
Answer Applies to: Michigan
Replied: 8/13/2012
Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
Probably appear before Family Court and ask judge to dismiss case.
Answer Applies to: Rhode Island
Replied: 8/13/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    The police must have filed something to get the court involved. You should contact the police officer in charge of this case and tell him about the problem you are having. He or she might be able to get something done for you. If that doesn't work, you should hire a lawyer to help you with this problem.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You should have a victim advocate to contact or you need to go to court and address the court personally. Your boyfriend's attorney should be able to assist you as well.
    Answer Applies to: Minnesota
    Replied: 8/10/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Unfortunately, you might have to wait for the DA to get the case and then discuss the matter with the DA assigned. Keep in mind the DAs are very leery of dropping these types of cases to protect the victims of domestic violence who want to drop the charges out of fear from boyfriend or spouse.
    Answer Applies to: Nevada
    Replied: 8/10/2012
    Alvin Lundgren | Alvin Lundgren
    Both of you need to file a motion to have it dropped and appear in court.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Have your boyfriend's attorney file a motion to terminate the no-contact
    Answer Applies to: Alabama
    Replied: 8/10/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You can file a motion to have the no contact order rescinded. Perhaps you could speak to the prosecutor in your county, and he or someone from his office could file the appropriate paperwork to have this order rescinded.
    Answer Applies to: Illinois
    Replied: 8/10/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Contact the DA and show up in court with photo ID and ask the judge to drop the stay away part of the offer.
    Answer Applies to: New York
    Replied: 8/9/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You have to learn how to communicate with each other. Shouting, swearing, hitting, and fighting in public is going to result in the police being called. You can retain a criminal lawyer to try to get the Order of Protection changed to a non-offensive order. His lawyer may be able to have the order changed, or you can ask the prosecutor assigned to the case.
    Answer Applies to: New York
    Replied: 8/9/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Make all your appointments with DA, show up to every court appearance and ask for contact.
    Answer Applies to: Wyoming
    Replied: 8/9/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Only a judges order will terminate a no contact order. That must be done in court.
    Answer Applies to: Illinois
    Replied: 8/9/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Only a judge can remove the no contact order. You'll just have to keep at it.
    Answer Applies to: California
    Replied: 8/9/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You can't. You will have to appear at the hearing, and convince the judge to do so for good cause.
    Answer Applies to: California
    Replied: 8/9/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Get his lawyer to get a court date and then show up and tell the judge, when he asks, that you are not afraid of him and he never hit you, etc.
    Answer Applies to: California
    Replied: 8/9/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    The terms used in these proceedings all have very distinct and different meanings and consequences. You do not indicate who started the process for no contact. For there to be a valid court order of protection it would need to be signed by a judge. If the judge says he has not had time to look at it, I don't see when he would have signed the order. A civil order of protection can be voluntarily dropped by the petitioner/victim at any time. If boyfriend has been arrested and charged and a standing court directive is in place in the jurisdiction that upon being released from custody pending trial that there is to be no contact, it is considered a condition of bond and may need to taken up before the court with a motion being filed during a hearing before trial. If it is directive issued by the police, it would not necessarily have the same power or effect as a court ordered condition and may have no major consequence but any contact with a victim/witness can run the risk of a new charge of witness intimidation that has its own problems.
    Answer Applies to: Missouri
    Replied: 8/9/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Go into court and ask Judge to drop it.
    Answer Applies to: California
    Replied: 8/9/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    Typically, the defendant and the victim need to appear before the judge to request this. Most courts have victim advocates who can assist with the process.
    Answer Applies to: Washington
    Replied: 8/9/2012
    Herschel Bullen
    Herschel Bullen | Herschel Bullen
    The relevant portion of the Cohabitant Abuse Act provides as follows: (10) A court may modify or vacate an order of protection or any provisions in the order after notice and hearing, except that the criminal provisions of a protective order may not be vacated within two years of issuance unless the petitioner: (a) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah Rules of Civil Procedure, and the petitioner personally appears before the court and gives specific consent to the vacation of the criminal provisions of the protective order; or\(b) submits a verified affidavit, stating agreement to the vacation of the criminal provisions of the protective order. (11) A protective order may be modified without a showing of substantial and material change in circumstances. Utah Code Ann. 78B-7-106 It sounds like the case is in a justice court. So probably, if it can't be done informally, one of you will have to make a motion to vacate the order and request a hearing. If you are both present at the hearing and request that it be vacated, it is likely, depending on the accuracy of the facts set forth, that the order will be dismissed.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    This matter should at least be on a docket for disposal if has not been placed on one. You (or an attorney) can file a motion to set for final hearing. At that time, both of you should appear and ask that the case be dismissed.
    Answer Applies to: Alabama
    Replied: 8/8/2012
    Salladay Law Office | Lance Salladay
    You can file a motion to have it dropped and get the motion set on the courts calendar for a hearing- there is a form on line under family court services (Idaho) or you can see an attorney for assistance.
    Answer Applies to: Idaho
    Replied: 8/8/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    I would not even start to try to accurately answer your questions without seeing the documents involved. If the judge signed an order, then a copy would be kept in the office of the court clerk.
    Answer Applies to: Illinois
    Replied: 8/8/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    There is no way to require a judge to "speed things up". A person may file a formal motion to dissolved however you stated the judge already has papers to review and simply has not had time to review the request. You should insure you are not violating the order while the judge makes a decision regarding your request.
    Answer Applies to: Nevada
    Replied: 8/8/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    If this is a criminal no contact order, the defendant should schedule a motion. If this is a civil no contact order, either party can schedule a motion.
    Answer Applies to: Washington
    Replied: 8/8/2012
    Vasilkovs Law Office | Donna Vasilkovs
    Unfortunately there is no other way. Persistence is the key. Keep bringing it up at every hearing. The prosecutor will object, and the judge is likely to wait until a trial or conviction before ruling b/c a standard condition after this type of conviction is no contact for a year, sometimes two if it was especially egregious or there are priors. However, if you and your son's attorney (if she's not bound by a plea agreement to NOT do so), argue vigorously and passionately at sentencing against the NCO and have good reasons such as mutual children in common or he is the sole household earner, etc.,, many judges will then relent and vacate the NCO ( usually if there are no priors of the same type). And if your boyfriend prevails at trial or it's dismissed, it's automatically vacated! One piece of advice: beware of the so-called "victim advocates." They are employees of the prosecutor but will behave as your friend, give you supposedly neutral, unbiased advice. They will try to "brainwash" you that he NEEDS help, that it will only escalate and eventually he'll kill you, etc., etc. My advice is don't talk to them, ignore their calls, letters,etc. and don't fill out the victim impact statement they provide to the court where they instruct you to say what happened. They'll tell you that a no contact for a "short while" will be better for the relationship; etc, etc. Don't buy it. If anything, write on the impact statement simply this: witness saw it wronghe was too far away and we were behind bushes or whatever. Just beware if this:if you say you pushed him 1st, he and he only acted in self defense, or that you lied b/c you were mad at him when you gave the police your statement,Remember, saying you pushed him 1st or grabbed him and he couldn't get away , etc., you are subject to possible criminal charges for assault and another NCO problem! However, in my 25 years of practice, 10 of which almost exclusively defending domestic violence cases (for which I won an award as the most efficient and aggressive attorney in DV cases), I have never seen the prosecutor dump the first charge and pursue charges against the victim. Too messy.
    Answer Applies to: Washington
    Replied: 8/8/2012
    Halperin Law Offices | Ivan Halperin
    Rather than just calling in, find out the day the judge is in and personally appear and make your request in person. I assume you're not in a metropolitan area, if right that means your judge "rides a circuit" and will have quite a lot of work pending, so delays are not that unusual. Good luck!
    Answer Applies to: California
    Replied: 8/8/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Your boyfriend's lawyer should contact the court and ask for a date to drop the no contact order.
    Answer Applies to: New Jersey
    Replied: 8/8/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    The judge is the only person who drop the no contact order.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Since the no contact order was entered by the Court, the Court will have to rescind it. Other than politely asking the Court to take immediate consideration, there is little you can do to make the Court act faster. The delay may be in part that the Court wants to make sure you really want the order dropped. Often, right after an incident the victim asks that the matter be dropped only to find a week or two later that he/she should have pursued the matter at the time.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Steven Alpers | Steven Alpers
    You can contact the District Attorney and request the order be ended. Your boyfriends' lawyer needs to push for the restraining order to be dropped to a no harass, molest or annoy order. At least then it allows your boyfriend to have contact with you, although the danger to your boyfriend is that if you get mad at him you can report him and he will have to fight to get out of custody from jail.
    Answer Applies to: California
    Replied: 8/8/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If there are criminal charges pending, the issue of the no contact order must be addressed as part of that proceeding. A court may remove the no contact order or, it may retain it in place until the case has concluded regardless of the victim's wishes.
    Answer Applies to: Minnesota
    Replied: 8/8/2012
    Law Offices of Cristian Towers | Cristian Towers
    Temporary Restraining Orders are generally not entered without the victim requesting one, so I would question whether a TRO actually was entered. Did either of you receive paperwork from the Court? Your boyfriend would have had to have been personally handed a copy of the Order. Otherwise, he would certainly have a notice defense if there is ever a contempt charge for violating the Order. This doesn't sound like a NJ matter. Perhaps this occurred in PA? They handle their PFA's differently (Protection From Abuse).
    Answer Applies to: New Jersey
    Replied: 8/8/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You can't that is up to the prosecution.
    Answer Applies to: New York
    Replied: 8/8/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    In order for there to be a no contact order in place, there must be a formal charge pending against your boyfriend. Otherwise, the court would have no jurisdiction to enter such an order (unless you filed separately for a personal protection order PPO). If it is a PPO, you can file to terminate it at any time. If it is a no contact order as a condition of bond, pending further hearing on a criminal charge, only the court can dismiss such an order. You can request that it be dismissed, or at least modified to allow contact of a non-assualtive nature.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Law Office of Michael J. Orlando | Michael J. Orlando
    You should make an appointment to see the Assistant State Attorney that's prosecuting your boyfriend and explain to them what you indicated in your question. In addition to lifting the no contact order you can also request they drop the charges if that is what you desire. Good luck to you.
    Answer Applies to: Florida
    Replied: 8/8/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    Keep calling the clerk to set a hearing date or get an attorney file a motion vacating order.
    Answer Applies to: California
    Replied: 8/8/2012
    Law Office of Gregory Crain | Gregory Crain
    Get a court date, go to court and make your request.
    Answer Applies to: Arkansas
    Replied: 8/8/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You are in a difficult situation. The only person who can agree to drop the charges is the prosecutor....who then goes before the judge for approval. You cannot bypass the prosecutor. Based upon the witness report (as you have stated), there is "probable cause' that your boyfriend may have committed the crime of domestic violence. Because this is a crime, the state gets involved. Once the state gets involved, you have no control as you are a victim/witness to the crime that your boyfriend allegedly committed. You are not the one bringing the charges. It is the state. Prosecutors and judges are reluctant to dismiss no contact orders in these situations because of the following scenarios: The assault did happen, but you, the victim/girlfriend, are recanting because of fear of intimidation or threats of retaliation by your boyfriend, or the fear of being on your own, especially if he is the sole or major income provider to the relationship. There is also the possibility that he may have assaulted you, but as the victim, you are of the position that "he really did not mean it", "this is the only time he has ever done it", "he only hits me when he is drunk", "it was my fault",, etc., etc.; in other words, the victim places the blame on herself for his actions. If any of these scenarios is true, and the judge or prosecutor were to drop the no contact and then something were to happen to you, there would be real issues for the judge and prosecutor. All you have to do is read the papers. My advice is that you boyfriend get an attorney to assist him with this matter. The consequences of a conviction are quite substantial. Don't think the case will go away if you don't cooperate or refuse to testify... especially if there was an independent witness, which appears to be the case.
    Answer Applies to: Washington
    Replied: 8/8/2012
    Cook & Cook Law Firm, PLLC (SanAntonioDefenders)
    Cook & Cook Law Firm, PLLC (SanAntonioDefenders) | Megan V. Cook
    All counties work differently when it comes to the speed of a given legal process. If you hire a lawyer and explain the urgency of the situation, the lawyer will get the soonest possible setting. The setting to have your protective order modified or dismissed will be on the official court docket, which will obligate all of the parties involved to appear and be ready to hear the matter at hand. I suggest you find a local attorney that handles protective order defense and hire them to get the soonest possible setting for you. The attorney will contact the respective court coordinator and will work with him or her to get things handled.
    Answer Applies to: Texas
    Replied: 8/8/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    All you can do is make application to the Court.
    Answer Applies to: New Jersey
    Replied: 8/8/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Yes you both should appear and request the order be dropped or amended to a no assaultive contact order. I would retain an attorney to file an immediate motion to amend the bond conditions, plus it will help in you central case.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Have your boyfriend apply for a bond modification and be prepared to testify in court you don't object. I would also contact the County Attorney and inform him/her that no assault took places and that you want the charges dropped.
    Answer Applies to: Nebraska
    Replied: 8/8/2012
    John P Yetter | John Yetter
    Motion the case up before the judge with a proper motion to vacate and demand a hearing. It is likely you would have more success if one or the other of you were represented by counsel.
    Answer Applies to: Illinois
    Replied: 8/8/2012
    Bruce Plesser | Bruce Plesser
    Isn't the court system great? Call prosecutor in charge of case.
    Answer Applies to: Florida
    Replied: 8/8/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Hire a lawyer to represent you separate from the attorney that the Defendant boyfriend has retained so that there is no perceived conflict of interest/duress/coercion so that your counsel can appear at the Magistrate's office to accomplish what you desire a.s.a.p.
    Answer Applies to: Pennsylvania
    Replied: 8/8/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    Find out when your boyfriend's next appearance is scheduled for and show up. Speak to the domestic advocate and tell her why you want the no-contact order dropped. She should assist you. If the court date is out too far appear in court at the next date for the town prosecutor go to the clerk's office and have the case brought to the judge. Then speak to the advocate and follow the same procedure.
    Answer Applies to: Rhode Island
    Replied: 8/8/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    First of all you need to hire a local attorney in this matter. Thing move much more swiftly, not as swiftly as you want, when you hire an attorney. At the next hearing be there and tell the judge that you want the no contact changed to no violent contact.
    Answer Applies to: Florida
    Replied: 8/8/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Your boyfriend should contact an attorney to represent him in this case. If you were arrested, you should contact an attorney to represent you in this case. An attorney can file his or her appearance and a motion to amend the bail conditions which includes the "no contact" order.
    Answer Applies to: New Hampshire
    Replied: 8/8/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If you contact the Court Clerk, you should be able to get a date for the Judge. If you file a formal motion, the Court will have to hear the matter. Short of that, without the Court, there is no way to do this.
    Answer Applies to: New Jersey
    Replied: 8/3/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Hire an attorney and file a motion to have the order dismissed. You, or your boyfriend, should have been given a notice and hearing before the order was placed permanently into effect. As, learn a lesson, don't fight in public, indeed, and preferably, don't fight at all. If you cannot accomplish that, perhaps the no contact order is not such a bad idea.
    Answer Applies to: Michigan
    Replied: 8/8/2012
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