Although the issue of domestic violence was once largely swept under the rug, both by society and law enforcement, accusations of domestic abuse are now taken very seriously. Law enforcement agencies often have policies in place which all but require a responding officer to arrest someone if there is any chance a domestic assault occurred. Judges also routinely implement “no contact” orders in a domestic violence case, whether the alleged victim requests one or not. That, in turn, often leads to a situation where a couple is under a court order not to communicate with each other despite the desire by both parties to have communication with one another. If you find yourself in this situation – the target of a no contact order you want lifted – you are undoubtedly wondering if there is anything you can do. Your best chance for getting a no contact order lifted is with the assistance of an experienced Nebraska criminal defense attorney.
How Did I End Up with a No Contact Order Against Me?
Believe it or not, that is not a particularly unusual question. Most people who are not regular players in the criminal justice system know very little about things like protection orders, also referred to as no contact orders. An individual can go in and request a protection order be issued based on allegations of abuse or threats of abuse. Most people are familiar with this path to a protection order. However, what people often do not realize is a judge can – and almost always does – enter a no contact order if a defendant has been charged with domestic assault, even if no one asked for the no contact order. The rationale behind issuing these orders is rather simple. Over the last couple of decades, a monumental effort has gone into educating both the courts and the public about the subject of domestic abuse. Specifically, those efforts have focused on the threat an abuser is to the victim and how the cycle of violence often results in the victim covering up for the abuser or being too afraid of repercussions to tell the truth about the abuse. The solution has been for courts to issue a no contact order without regard to what the alleged victim wants. In situations where a true victim is being threatened or coerced into remaining silent on the issue of protection, having a court issue a protective order anyway can potentially save a life. The problem is that not all defendants who have been accused of domestic assault are actually guilty.
Can’t My Spouse/Significant Other Just Tell the Judge to Lift the No Contact Order?
Unfortunately, it is not that simple. First, it is the State of Nebraska, not the alleged victim, which makes the decision whether to pursue criminal charges against you. Second, it is the judge, not your spouse/significant other, who decided to issue the no contact order. Consequently, getting a no contact order lifted is not as simple as it may sound. The court must be convinced the alleged victim is not being pressured, coerced or threatened into requesting the order be lifted. When a judge is forced to decide between erring on the side or caution, or potentially erring on the side of being responsible for a victim being assaulted again, the judge is going to err on the side of caution 100 percent of the time.
How Can a Domestic Violence Defense Attorney Help?
If you believe the alleged victim in your case wants the no contact order lifted, you need an experienced Nebraska domestic violence defense attorney to request a hearing in front of the judge. At the hearing, your attorney can present evidence and testimony the court needs to hear before even considering a modification, or termination, of the no contact order. In the meantime, the worst thing you can do for yourself and your future is violate the existing no contact order.
If you have been charged with domestic violence in the State of Nebraska, it is certainly in your best interest to consult with an experienced Nebraska domestic violence defense attorney right away. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.