Legal Question in Criminal Law in Minnesota
I would like to know if there are possible ways that after the trial and on probation can you have the no contact lifted. I am the victim however our case was already done and my husband is on probation for five years. I have been requesting from the P.O. and the Judge by letters to ask the no contact be lifted so we can work on our marriage and not let it fall apart. Having the distance and the separation hinders our chance and abilities to work our marriage. This will cause my four children to have a lot of stress along with myself. Can you please let me know. Thanks
2 Answers from Attorneys
The person charged with the offeensew must file a motion before the court to modify the conditions of probation.
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In Minnesota state courts: Once a defendant is on probation, there may be a condition of "no contact" with one or mroe people or places. The defendant on probation can make a motion to modify the sentence or conditions of the stay - to eliminate the "no contact" condition. If you are the "victim," then you would have a right to be heard and to be represented by your own lawyer under Minnesota's Victim Rights Act. Probation Officers are influential on Judges in these matters. It might also help to get an outside expert to help - such as a therapist or psychologist. Bottom line: he should talk to his lawyer about this; and you can get your own lawyer too.
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