How to Lift a No-Contact Order

If you or someone you know has a no-contact order in place, you might wonder how to lift it. Many times, courts impose no-contact orders, even when a complaining party did not request it. But as long as the no-contact order is in place, any contact could land the defendant in legal trouble. The Criminal Defense Team of Baldwin Perry & Wiley P.C. can walk you through the steps of lifting such orders. 

Can’t the Victim Just Drop Charges?

Many people hear the term “drop charges,” mistakenly believing that victims can rewind the process after getting the authorities involved. However, only the prosecutor can decide not to file charges or to dismiss them after filing them. If there is insufficient evidence or procedural violations, your criminal defense attorney in Indianapolis could petition to have the charges dismissed. However, none of these scenarios involve the victim having the power to drop the charges.

No-Contact Orders

As a routine matter, prosecutors request that no-contact orders be implemented in many criminal cases. No-contact orders are intended to protected alleged victims from the defendant in a criminal case. They are different from orders of protection that domestic violence victims seek through civil courts. These orders typically stay in place until the criminal case is concluded – whether through being found guilty, exonerated, or having the charges dismissed.

Lifting No-Contact Orders

While the alleged victim has no legal right to drop charges, they can express their wishes to the court. Asking the court not to place a no-contact order may help prevent this unnecessary step from being taken in the first place. 

If the initial hearing has already occurred, the alleged victim could contact the prosecutor directly and ask for the charges to be dropped and the no-contact order to be lifted. The prosecutor could set up a hearing to allow them to explain to the judge why there is no need for a no-contact order. 

Another option may be to write to the court explaining why the no-contact order is unnecessary. The judge may respond by contacting the attorneys involved in the case or setting up a hearing. 

The alleged victim could also contact the defendant’s criminal defense lawyer to express their preference to set up a hearing to explain why they don’t want the no-contact order in place or for it to be lifted. It’s possible for a domestic violence case to continue even if the no-contact order is lifted. 

Contact a Domestic Violence Lawyer Today for a Confidential Consultation 

If you or a loved one is facing domestic violence charges or you would like to learn more about how to lift a no-contact order, contact the Indianapolis domestic violence lawyers at The Criminal Defense Team today. We offer free, no-obligation case reviews, so we can explain the law and general options available in these types of situations.