Legal Question in Criminal Law in Minnesota
Removing a No Contact Order
My boyfriend was recently arrested for 5th degree assault/domestic abuse against me. He had never done this before. I did not call the police, nor did I want to press charges. However, the state has issued a No Contact Order which means that he cannot have any kind of contact/communication with me until his court date in 2 weeks.
My question is this: I am not afraid of him. We want to get counseling together as soon as possible, I want to see him and be able to talk to him. I think that would help us both. Is there a way I can get the No Contact Order lifted? Isn't that my right as a victim? Why is the state able to tell me what is best for me?
2 Answers from Attorneys
Re: Removing a No Contact Order
"Why is the state able to tell me what is best for me?" Good question. In the opinion of many, including me, the state is abusing its power to control people it labels "victims." The reason they take control over domestic assault prosecutions is to provide a remedy for the stereotypical domestic abuse victim who lacks the will to escape the abusive relationship. The problem is, in the opinion of many, that the vast majority of cases prosecuted are just not of that stereotypical type.
Your boyfriend should retain a good criminal defense lawyer to help him win and defeat the charge. Having a conviction for this is very serious, and can include deportation for non-citizens, loss of gun civil rights, diminishment of employment opportunities and housing opportunities.
As for getting rid of the "no contact order" condition of his pre-trial release -- generally if the person labeled "victim" by the state shows up at the next court appearance and stands up and asks the judge to remove, affirming lack of fear, the court will remove it.
You, or he, may call me if you wish.
Re: Removing a No Contact Order
"Why is the state able to tell me what is best for me?" Good question. In the opinion of many, including me, the state is abusing it's power to control people it labels "victims." The reason they take control over domestic assault prosecutions is to provide a remedy for the stereotypical domestic abuse victim who lacks the will to escape the abusive relationship. The problem is, in the opinion of many, that the vast majority of cases prosecuted are just not of that stereotypical type.
Your boyfriend should retain a good criminal defense lawyer to help him win and defeat the charge. Having a conviction for this is very serious, and can include deportation for non-citizens, loss of gun civil rights, diminishment of employment opportunities and housing opportunities.
As for getting rid of the "no contact order" condition of his pre-trial release -- generally if the person labeled "victim" by the state shows up at the next court appearance and stands up and asks the judge to remove, affirming lack of fear, the court will remove it.
You, or he, may call me if you wish.
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