Sample Motion To Lift No Contact Order Without Evidence
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FAQ
How Can I Modify or Lift A No Contact Order? Only the judge can modify or remove a No Contact Order. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order.
You must file papers at the courthouse to ask the judge to drop the order. The order remains in effect until the judge dismisses it. It may take a few days for law enforcement to get notice of the dismissal.
Rule 4.101 - Removal of No Contact Orders (1) A victim wishing to remove a no contact order imposed under ORS 135.250 or ORS 135.247 must submit a written petition for filing or appear personally at a hearing on the matter.
The victim must file a Petition to Waive the No-Contact Order with the court that has jurisdiction over the case; and. The court must find, after a hearing on the Petition, that waiving the no-contact order is in the best interest of the parties AND the community.
You can ask the court to drop the no-contact part while retaining the no-abuse part. The judge typically will be much more likely to drop the no-contact order if you want to maintain the no-abuse portion of the order.