How do I get a No-Contact Order lifted?

It depends on the type of no-contact order. There are generally two types of domestic violence no-contact orders—the kind that are issued in conjunction with a criminal prosecution, and the kind that are issued as a result of a separate civil proceeding. If you are charged with a crime of domestic violence a judge will almost always issue a pretrial no-contact order, whether your accuser wants such a no-contact order or not. In rare instances, and only when the accuser advocates for it, a judge may lift such a no-contact order, but in the vast majority of cases you will not be able to get a no-contact order lifted while your case is pending. You may, however, be successful in modifying a no-contact order to allow for specific exceptions such as limited contact through a designated third-party or via email to make child custody arrangements. Your lawyer can help you make the necessary motion, either at your arraignment or a later bail hearing.

Upon the conclusion of your criminal case there may be a variety of outcomes regarding the no-contact condition. If you are acquitted or your case is dismissed the court has no jurisdiction to impose a no-contact order and the pretrial no-contact order will no longer have effect. If you are convicted, you will likely be subject to an extended no-contact order (up to two years for a misdemeanor conviction and five years or more for a felony conviction). However, the existence, length, and conditions of such orders are discretionary and may be successfully shortened, qualified, or eliminated with the help of a lawyer, either through plea negotiations or advocacy at a contested sentencing hearing.

A no-contact order which is issued as a result of a civil proceeding, such as a Domestic Violence Protection Order, will typically only be lifted upon motion of the protected party. The best way to avoid a civil protection order is to challenge its issuance from the beginning. Civil Protection Orders can only be imposed by a judge after a hearing in which he or she finds, by a preponderance of the evidence, that the party seeking protection has suffered acts of domestic violence or has been put in imminent fear of domestic violence. A lawyer can help you prepare for and represent you at a contested hearing, minimizing the chances you will be subject to a protection order which can show up in background checks, adversely affect your right to possess firearms, and subject you to future accusations, grounded or otherwise, that you committed a crime by violating the order (although Domestic Violence Protection Orders are civil in nature, violating one is a criminal act). If a judge grants the no-contact order, it will typically be in effect for a year, subject to the protected party’s motion to renew the protection order at the end of the year, though the law allows for an order to be issued for up to 5 years under certain circumstances.