If you are arrested for Domestic Battery or Domestic Assault, odds are the judge ordered that you are to not have have any contact with or go within 1,500 feet of the alleged victim or their residence and place of business. That will obviously be nearly impossible if you share a residence or children with the alleged victim. This is different than a Restraining Order, to get that lifted will have to be subject of another blog.
Often times, the alleged victim wishes to reconcile and have the No Contact Order lifted or “dropped.” The reasons for this are numerous, maybe the victim just wanted the defendant out of the house that night not for months on end, maybe the victim has severe psychological illnesses that impacted their statement to the police, or maybe the victim made the whole thing up and feels down right bad about that. These are all scenarios I have personally come across.
In order to get the judge to lift the No Contact Order you have to file a motion. That motion should have notarized statements from the victim and the defendant. The statement will most likely not be enough, and the judge will require the victim to appear before the court and request the No Contact Order be lifted. I have filed dozens of these over the years, and the best result you can hope for is that the judge amends the No Contact Order to a No Violence Order. A No Violence Order is just that. You can’t yell at each other. You can’t fight. If there was an aggravating factor such as alcohol or drugs, you must remain sober.
If the judge requires a hearing on the Motion to Lift or Amend the No Contact order, technically it might not be relevant whether or not the defendant is actually guilty, however if the victim wishes to recant their prior statement, this is a good time to do so. The judge will more than likely want to hear about steps being made to prevent this from happening again. Such as enrollment in Anger Management classes, attending Alcoholics Anonymous meetings, or testimony about how long the two have been together and that this is the first and last time an incident like this will happen.
If you need an attorney to help drop a No Contact Order in Van Buren, Fort Smith, or Fayetteville or anywhere else in Arkansas, give us a call at 479-782-1125.
§ 16-85-714 No Contact Orders
Domestic Violence Statutes in Arkansas:
https://law.justia.com/codes/arkansas/2015/title-5/subtitle-3/chapter-26/subchapter-3/
