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If charged with domestic violence in Michigan, you alone cannot remove a no-contact order. This order is put in place as a condition of your release from jail, because it is too early to know what happened, and in the eyes of the court, it is best that everyone cools off, and there is no additional contact. This may seem extreme to someone who has never been in trouble, had one too many drinks, got into a fight with their wife and the police were called. Now you are banned from your home, your possessions, kids and lifestyle.
If a client desires to remove this order, we discuss it with the prosecutor and the judge - if the "victim" is agreeable to lifting it, the judge will weigh the options. Sometimes a judge does not want contact during the pendency of the case in fear that the person charged will convince the alleged victim to drop the charges or apply pressure at home. While this may or may not be true, the judge isn't quite sure what will happen, so some judges will keep it in place until the case is resolved and the question of the victim cooperating is no longer up in the air. Many judges will drop the order if both parties want contact on day one, but there's a few that will not do that, and it's in their discretion. No matter the judge, if my client is proactive from day one with alcohol/drug testing and in counseling already, we have more currency to use in our requests - sometimes seeking permission to have contact to allow couples counseling is a way to begin the process of bringing things back together. |
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