A no contact order gets issued all the time in domestic violence cases all throughout West Michigan court rooms. These orders can also be issued for virtually any criminal charge. Courts almost invariably enter orders like this to people charged with crimes who are out on bond, after a conviction or sentencing a person convicted of a crime. These no contact order make it difficult for parents to work out parenting time or handle parenting issues. It makes it harder for couples or friends to work things out. Other types of crimes where a no contact order is issued are: stalking, sex crimes, harassment, assault, battery and trespassing. A no contact order for these types of crimes means the offender is not allowed to have any contact or attempt to contact the victim.
Unfortunately for those convicted of a crime and facing a no contact order, the word contact is broadly defined. The contact can be either indirect or direct contact. The contact can be through the use of a third party or communication by the offender. Contact also means the use of fax, cell phone, phone, and computer to make contact. Remember, any violation of a no contact order can result in defendant having their bond revoked and being sent off to jail.
How to Remove a No Contact Order
Under MCL 765.6b and MCR 6.106 gives courts in Michigan the authority to impose no contact orders. The authority to eliminate the no contact order also is found in the previously mentioned laws. The process to remove a no contact order starts when your lawyer files a motion. A motion is a formal request for a court to modify no contact orders. These motions can be made in writing or orally at an arraignment. No judge in any West Michigan courtroom will remove a no contact order without the alleged victim being present. In many cases, judges will require the victim to testify about why the no contact order should be removed. If the victim does not want the no contact order removed, judges will almost certainly grant the victim their request.
Over the years, it has gotten harder to get judges to remove no contact orders. In other cases, court clerks can often confuse the process when you call the court and ask them to set up a hearing on removing a no contact order. If this doesn’t give you a reason to want an experienced five-star rated criminal defense attorney on your side, then nothing will!
Are No Contact Orders And Protection Orders The Same Thing?
While they are remarkably similar, these orders are not the same thing even though the results of them are very similar. No contact orders are usually part of a bond condition. In these cases, there are formal charges and many of them are domestic violence charges.
A personal protection order is something that is granted at a completely separate court hearing. These orders are usually given when someone is stalking, threatening, or refusing to stop making contact with another person. Just like a no contact order, a personal protection order requires a person to make no contact with the alleged victim.
If you want your no contact order removed, please call Shawn today at 616-438-6719. The call is free. Will you be?