How do I remove a no contact order?
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My girlfriend and I had a domestic dispute about a week ago. Both of us were drinking and things got out of hand. Not to go too much into great depth, but she has somewhat of a history with drinking problems, and is seeking help. She had signed up to do alcohol treatment before this incident and was very excited to put these problems behind her. Her past is some what rocky, and she suffers from depression which she takes Prozac for. So on to the night, one thing lead to another and she ended up with a knife in her hand... I do not believe she intended to do any harm, but due to the potentially serious outcomes here I grabbed her wrist to control the situation. During this exchange the knife made contact with my side... nothing serious but it really made me upset. Fearing that the night would progress downward, I called the police. Now she is facing 2nd Deg Assault... the charge is going to be reduced due to the fact there was no intent nor serious injury... Anyway, so the judge throws this no contact order on her bail. As her victim, she may not have any contact with me. I want to know what I can say to the judge at her bail hearing Monday to help convince him that this is unnecessary. She has been part of me and my sons life for the past year, and I've known her for the past five. She is not a bad person, she just makes poor choices when she drinks --- I'm not disputing that, and we both agree she could benefit from a residential treatment. However, myself and my son miss her very much and would like to be able to visit her in jail, and talk on the phone, without fear of her getting in more trouble. (No my son wasn't there the night of all this, of course). She is so wonderful with my boy and me, we had so many plans for the future... just a week before this we made a fire in the snow and roasted hot dogs and marshmallows, it was great... Our lives were really coming together and we had a solid plan for how to attain the future we wanted. This whole thing has just derailed everything. I want to convey that I don't feel that she is a threat. I want to show him how she is a good person and is missed greatly. I want to let him know that she needs our support and to know how much we are thinking about her. I believe having no contact with us would hinder her rehabilitation, given her mental illness, she has a hard time coping with this kind of stress. She needs me to be there for her. What sort of things can I say to convey this message? Should I bring up her depression? I want the judge to know that it will be beneficial for her to have contact with me, if rehabilitation is the goal here. Thanks
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Answer:
I'm going to be honest here, don't expect the judge to do anything about removing the no contact order any time soon. Since it is still so early in the case, the judge is probably going to air on the side of caution to avoid being sued should she allow your girlfriend to have contact with you and your child and someone ends up dead. The best thing to do is to get a lawyer and try to work deals out so as to allow the no contact order to be removed. Saying that she will work on getting rehabilitated is a definite start. Judges want to see that the 'abuser' is working to change his or her ways. Be positive... It'll take time but eventually in a few months you might be able to convince a judge.
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