Victims advice on Modifying or Terminating the No Contact Order with kids!

 DOMESTIC BATTERY AND NO CONTACT ORDERS WITH KIDS

   You've been charged with Domestic Battery. You have children. The no contact is now prohibiting you from seeing your children. What do you do? 

Judges often Order no contact between the parties, usually upon the recommendation or request of a prosecutor, when someone commits a crime. These are common in Domestic Violence cases. A No contact order can be entered for a number of reasons but the biggest ones are 1. for protection of a party. 2. to prevent potential witness intimidation in a criminal case. So to get rid of them you need to show 1. you are not a threat to the other party or that you can do something to make it less of a threat (like an ankle monitor); 2. communicate through writing or at the victims request to avoid any intimidation claims.  

HOW TO TERMINATE OR MODIFY A NO CONTACT ORDER? 

A person effected by a No contact Order, including a vicitm or witness, can request to have the no contact order modified or terminated at any time, by filing a request in the court clerks office. Some Judges here in Canyon County dont will not modifiy an no contact order unless a party completes a "safety planning class" which helps victims establish a plan in case there is violence in the future to protect the person.

In my experience there are two types of domestic violence cases and the court treats them all as serious. The first is a serious case, where there are marks, there was violence, and the victim is legitimately scared to be with the defendant and wants nothing to do with them. The first kind is more rare, but these are the cases which are the most serious. The second type is where there is a disturbance call. There may or may not be marks, but both parties were mutually at fault, and the victim called the police not knowing that this would spark a criminal case. Not all cases are equal and so your milage may vary.  

But, for the most part, when the court gets in the middle of your family it can really be frustrating. 

A victim can modify or terminate the no contact order upon request. If you are a victim in a criminal case, the prosecutors office has probably put you in touch with the Victim Witness Coordinators. Sometimes these members of the prosecutors staff are mistaken for attorneys because they are providing some level of legal advice to you along the way, however they are not the prosecutor or attorneys. The victim witnes coordinators should help point you in the right direction to modify the no contact order but if they dont you can go into the Clerks Office and have it modified by speaking with the clerk and filing out a piece of paper to the judge. However, sometimes I have heard these victim witness coordinators being "buffers" for the prosecutors, so that they dont have to deal with you. 

In my opinion victims often dont understand who they are talking with, or what that persons purpose is in the system. The prosecutors are employees of the State. The prosecutors and not advocates for victims rights or obligated to do whats in your best interest. The prosecutor represents the State of Idaho, and they often object to no contact orders even when victim witness coordinators assure you otherwise. Its best to talk to the prosecutor before the hearing, but be mindful they may not listen to you. The judge is a person who makes decisions on the bench, but must do so with the safety of the public in mind. You may write a letter to the judge saying what a wonderful man the defendnat is, but a wonderful man can be a harm to society. You instead should provide details on why you believe he is not a threat to you or the loved ones, and make it clear! Judges often deny no contact orders because its a safer way to handle things, and because they know if they deny it you may not come back on their docket.    

If you are providing for children as a victim this can be very frustrating. Often a prosecutor doesnt care whether your not able to pay the bills, or take care of the children. In my experience, no contact order modifications, is the first time the victims begin to realize that the prosecutor is not their attorney and wont do what they say. Often when they object to a no contact order modification the judge listens to them because they hold emense power in the courtroom because they represent the State of Idaho. Victims feel unheard. Meanwhile, the defendant cannot pay for the apartment or two houses, and cannot continue to sustain dual households and pay his legal fees. Most attorneys recommend the defendant cut off resources to the victim completely, because its harmful financially to the defense.

COMMON MISTAKES 

  Sometimes all you want is to modify a no contact order with the alleged perpetrator. What I would recommend is start small and work your way up. Common modifications which are granted are the following...

1. Written contact between the victim and the defendant. 

2. Zoom or Skype with the child at the other partners request. 

3. Texts or phone calls regarding the minor children or finances. 

4. Exchanges with the defendant at the other parties request or at the request of a third party. 

5. Exchanges at the police department or in a public place. 

6. Being together in a public place or when a third party is present. 

7. Allowing a person to live on the property in a trailer at a distance of 500 feet or so.

As I said, start small and ask to broaden it when time goes on. 

NO CONTACT ORDER MODIFICATION OR TERMINATION TIPS

  1. At first you dont succeed, try, try again. If the judge denies the modification, try again. Show the judge that you are not afraid of the person or that you wont give up by being told no. Always take what the judge says to heart because they are trying to tell you why they denied the modification. 

2. Make your motion to modify or terminate the no contact order clear. Do not include things that arent necessary, dont really talk about the offense, and talk about what you have done to make yourself safe. 

3. At the hearing dress up. Its court, judges are people, and we make judgements based on how people are dressed. So, take it serious and dress up for court. 

4. In a respectful tone ask the judge questions on how or why he ruled not to modify or terminate the motion. If he tells you that he will not modify because its "too early" in the case, ask what you need to do to terminate it. Ask them "why." 

5. Explain yourself in court, it may be a good idea to write down your argument but anticipate the judge asking you questions.

LAST PIECE OF ADVICE

One last piece of advice, dont leave it to anyone else to get you what you want in this legal mess. The prosecutor has an agenda, the judge has an agenda, and the defense attorney has an agenda. Its best to advocate for yourself or get someone to advocate for you. Do not trust them to have your best interest at heart. Be clear, be bold, and get that modification or termination. If at first you dont succeed...try...try...again.