Legal Question in Juvenile Dependency in Michigan

What's the easiest way to get a no contact order dropped if you're 16?


Asked on 7/21/16, 4:33 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

If you're the respondent (i.e., delinquency defendant ... the one who was ordered to stay away from someone else) then you need to address this with your lawyer so a motion can be filed with the court. If you're the person who is supposed to be protected by the no-contact order (i.e., the case victim), you can also talk to the defense attorney about filing a motion, but you should also talk to the prosecutor of the case about your wishes. (A court hearing is needed in any event to change a bond or probation condition, and the judge makes the final call, not the defense attorney or prosecutor ... or even you.) If you are the victim, the prosecutor has a duty to consult with you about the case resolution, plus disposition/sentencing options. No-contact orders can be in place throughout the entire case history: from the arraignment/preliminary hearing forward, and as a condition of probation. In my experience, a victim may not fully comprehend the reasons for those "stay apart" orders to be in place. Rather, the victim thinks he/she "knows what's best", or "knows the defendant the best". But all too frequently, defendant-victim contact while the case is being prosecuted can put the victim's physical or emotional safety at risk. It can also tamper with the ends of justice, if a defendant is exerting influence on the victim on issues of memory of facts, willingness to testify fully and honestly, etc. If that's happening, it's part of the broader power-and-control that may be why police were involved to begin with.

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Answered on 7/26/16, 9:10 am


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