hooglhard.blogg.se - No contact bar

Gather any documentation you may have to prove any points you've made in your statement. Prepare a statement to deliver to the judge that explains why you want the no-contact order modified or terminated.The judge will be more likely to modify a no-contact order if both parties are on the same page, but that still doesn't guarantee that the judge will go along with your wishes.If you were the defendant convicted of domestic violence, this is where having an attorney can come in handy, because your attorney can speak to the victim on your behalf. Keep in mind that despite your motion, you still cannot violate the no-contact order.If you're allowed to call witnesses, you may want to line people up to testify on your behalf. Take some time to outline what you're going to say to the judge and organize your court documents and anything else you plan to present as evidence. They'll put the hearing date on any notices, file-stamp your documents, and give the copies back to you.

The clerk typically will schedule a hearing on your motion once it's filed.

Typically you also qualify for a fee waiver if you're currently receiving certain kinds of public benefits such as food stamps.

They must be below a certain level established by the court for you to qualify.

If a fee waiver is available, the clerk will give you an application that requires you to provide information about your income and assets.

If you don't think you can afford the filing fee, you can tell the clerk you want to apply for a fee waiver, but keep in mind that some courts don't allow fee waivers for motions like this, only for filing an entirely new case.

When you file your motion, you'll have to pay a filing fee – typically around a hundred dollars.

To initiate the process, you must file your motion and any other required documents with the clerk of the court that issued the original no-contact order. Take your forms and copies to the appropriate clerk. You can hire someone simply to consult with you but not represent you, or you can hire them solely to speak for you at the hearing.

Keep in mind that you don't have to get an attorney to represent you for the entire proceeding.

It may be best to find an attorney who has experience practicing in the court where your order was entered and is familiar with the judges.

You typically can use the attorney directory to find licensed attorneys who practice in your area.

Try searching for your state or local bar association on the internet.This is true even if you're the victim in the case. Private criminal defense attorneys typically handle modification or termination of no-contact orders.Since it's not a criminal matter, you don't have a constitutional right to an attorney. However, keep in mind that if you had a public defender, they may not be able to help you on this motion.

If you're the criminal defendant, the attorney who represented you in the criminal case may be able to help you with your motion to terminate or modify the no-contact order.Because judges often are predisposed against dropping a no-contact order, having an attorney on your side can ensure the best arguments are made. Asking the court to change or terminate an order it has issued to protect a victim of domestic violence isn't a simple or easy thing.