what are the chances of having the condidtions lifted in the even that the victim DID provide a statement. The accused has no history or violent behavoir as well this incedent in completely isolated.
Yesss this does helpp i have one more question ? Then, appear in court and argue your case. It is highly recommended that you seek counseling in order to process your relationship and understand the cycle of abuse. We have a child together and have been separated since March, with the no contact order … Speak with your court advocate or other court personnel about lifting the order if you are the victim. A no-contact order may be issued in domestic violence or assault cases in order to protect the safety of a victim or victims. Asked over 9 years ago in OntarioCategories: Criminal Law, Please note that this is for informational purposes only and does not constitute legal advice to you. The lawyer told you to "hire" a lawyer to make money. Legal advice pertaining to your particular situation can only be given by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. They will work with the person to understand their safety concerns and relay those concerns to the Court. - all related to domestic violence in Ontario. However, to enter the counseling program the accused is usually required to enter a guilty plea first. Violating a no contact order is usually seen as a “slap in the face” to the authority of the criminal justice system. Violating a no contact order is considered a crime as well as a violation of a probation, parole or bail conditions. If a defendant is found to be in violation of a current no-contact order, he or she may be arrested, even if the victim initiated the contact. In most cases, the Crown will take the position in negotiations that they will not lift the No Contact order or permit the defendant to return home, unless and until he pleads guilty. The police layed the charges to keep the system making money.
my wife wants to get a no contact order lifted, i havent even went for a plea yet, and it will be not guilty of course... i have a well seasoned lawyer who specializes in criminal matters only, he is the best of the best, she has to get in contact with the crown attorneys office and get a court date made, i highly doubt they are going to drop it, it was a dumb arguement that went to far, rcmp lied lied lied lied lied lied at my bail hearing.... and the truth is i highly doubt they will drop the no contact order, they could care less how its affecting both of us. The defendant is instructed to stay a minimum number of feet away from the victim’s place of residence, employment and known areas that he or she frequents. The best way to get a no contact order dropped is to decide which parts of the order you want dropped and complete a motion to modify the order. Having championed many of these situations, we know these are difficult motions that require the … Join the Directory If the “motion to modify conditions of release” is granted, you will be allowed to once again have lawful contact with the alleged victim. Generally, consequences related to contempt of court can be imposed on a person who violates a no contact order. Sometimes the release is from the station. Remember the quote that its hard to get a man to understand when his salary is based on not understanding. If they think they can predict an outcome you can't once you learn this then they are psychic and you should also ask them for next weeks lottory numbers. I have already had a meeting with the crown and voiced my "wish list", my husband has his pretrial this upcoming Tuesday. The Court may still grant a no-contact order. For formal legal advice, call my office to setup a free consultation. The Court may choose not to release the accused from custody. I hope this advice helps. The victim doesn't feel the "Spousal Assault" charge is accurate; just made a phone call to stop any further conflict... Is there anything this person can do to help have a no contact order revoked? They prey on ignorance, but the fact is that its all a preplanned game. This seems counter-intuitive: when a defendant is presumed innocent, the state deems … If the alleged victim wants to vacate a no contact order, he or she can contact the prosecuting attorney, or the court, and express his or her desire to have the no contact order vacated or dropped. You can reach my office at 647-352-BAIL (2245). We are sickened over this. me and my bf got in a fight on friday and started yelling at eachother we were drunk and i fell over a curb and a witness called the police my only injuries were a scrapped elbow from falling and the police said i had a busted lip which is untrue so me and my mom took pictures of my injuries to prove i had no busted lip only a scrapped elbow , the police officers also never gave me an option to make a statment anyways my bf went for bail and his conditions were no contact he was living with me and me and my mom would like the no contact order removed it was all a misunderstanding he wouldnt hurt a fly he is so gentle, but i was just wondering what the chances are ? In response to the second comment, it is unlikely that a no contact condition will be varied while the charges are still outstanding. These include letters or phone calls from or on behalf of the offender. The alleged victim in many of these cases called the … A no-contact order covers all types of contact. Re: No Contact Order In Ontario, Canada The prosecutor is mostly going to want to feel comfortable that this isn't going to happen again, particularly before your husband's scheduled court date. If he pleads guilty, the Crown and the court will let the him resume contact with the victim and permit him to return home, if she consents. and how i can do this ? Attend the no-contact revision hearing. Is there anything the Accused can do to have these conditions revoked? Prepare for your hearing by collecting any relevant documents, evidence, or testimonials. These include letters or phone calls from or on behalf of the offender. And in essence, in order for the no-contact order to be lifted, the alleged victim must say that he or she does not fear harm from the defendant. what does resist mean in that context and could the case get dismissed by a judge because i provided no statment and they said i had a busted lip and i went to the doctors and got a note from them saying i had no injuries on my face so thgat alone shows the cops lied so to speak.