Legal Question in Criminal Law in California

no contact

my fiance and i had a no contact put to affect a little less than a year ago. how long does it take for a no contact to be lifted without going back to court? if we got married would that illeviate the no contact altogether?


Asked on 4/13/09, 10:08 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: no contact

When you say you had a no contact order put in place, was that through a criminal court as a term of probation for a domestic violence charge? If so, what were the terms? If it was a complete no contact order (he was not supposed to have any in-person, telephone or electronic communication with you and stay a certain distance away), I assume he's currently violating the terms by being around you. If it was a "no violent contact" order, then that's different.

No, a marriage doesn't automatically lift the order. He (with his attorney) will need to go to court and request it be lifted. Some jurisdictions will grant the request if you appear and tell the judge you want it lifted as well. Other jurisdictions want you to attend a brief class before they will consider that request.

He should talk to the attorney that represented him during the case and ask them the procedure & to help him accomplish this goal.

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Answered on 4/14/09, 9:43 am
Brian Dinday Law Offices of Brian R. Dinday

Re: no contact

1. Read the restraining order. It says when it expires

2. No, getting married will not dissolve the Restraining order.

3. You are marrying someone who got a restraining order against you? When you choose your home, pick a place far from any neighbors so they are not constantly annoyed by the police coming and going, ok?

For an idea of what the domestic violence merry go round can be like, see: http://dinday.com/info05.htm

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Answered on 4/14/09, 11:07 am


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