PT3M42S
“what if they say no it was a mistake or they were drunk or i want to work on our marriage how do we get that protection order lifted the short answer is you can't there is no lifting of a criminal protection order when a case is open there are however ways to modify a protection order”
“generally what we see in cases of domestic violence where a defendant has been charged but the victim does not want there to be a protection order in place the victim will have to contact the district attorney's office or the judge or both and let them know their thoughts on the case they have to tell them i'm not afraid i want to have contact with my spouse whatever it is that they need the judge and the da to know they must tell them themselves because obviously the defendant can't tell them then there has to be a hearing on modification of the protection order”
“judges will allow or at least consider lifting the no contact portion so as we discussed in previous videos every single time someone is charged with a criminal offense there's always a protection order in place that's never going to be lifted including in dv cases the difference between domestic violence protection orders versus other run-of-the-mill protection orders is that domestic violence is a little bit beefier like we talked about where the named victim is listed and no contact is allowed”
“for a modification in a domestic violence case you can actually ask to basically make the protection order the same as a normal criminal protection order by lifting the no contact portion there are a number of different ways that the no contact portion is listed in there but generally speaking people will ask for either direct or indirect contact”
“direct meaning i want to be able to stand next to my spouse have a conversation with them touch them hug them be in the same house with them or if it's a little bit more of a tumultuous relationship they can ask for indirect contact so no in-person contact but there can be texting emailing everything that is allowed by the judge uh indirectly there can also be the lifting of the vacate the home portion so if you're told that you can't be at home you can actually request that that portion be modified to allow you to return to your home”
“a couple of things that will never be lifted in the domestic violence protection order during the duration is you're never going to be able to get your guns back during the protection order you have to relinquish your firearms when you're charged with a domestic violence case and you're never going to have the protection order lifted entirely it's going to remain in effect for the duration of the case”
“the short answer is you can't there is no lifting of a criminal protection order when a case is open there are however ways to modify a protection order”
“the victim will have to contact the district attorney's office or the judge or both and let them know their thoughts on the case they have to tell them i'm not afraid i want to have contact with my spouse”
“a couple of things that will never be lifted in the domestic violence protection order during the duration is you're never going to be able to get your guns back during the protection order”
“as a criminal defense firm we see people sometimes at their worst after they've been through a particularly nasty fight with their spouse”
“with these modifications for the no contact portion at least it can help you get a little bit more stable get back on your feet and if your spouse is willing work on your marriage and make sure that you are home stable and able to properly address the criminal charges that you're facing”