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Idaho Request to Modify or Dismiss Criminal No Contact Order

State:
Idaho
Control #:
ID-SKU-329
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Rich Text
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Description

Request to Modify or Dismiss Criminal No Contact Order

The Idaho Request to Modify or Dismiss Criminal No Contact Order is a form used by an individual to make a request to the court to modify or dismiss a criminal no contact order. This form can be used in either a felony or misdemeanor case. There are two types of Idaho Request to Modify or Dismiss Criminal No Contact Order: Request for Modification and Request for Dismissal. In the Request for Modification, the individual requests that certain terms or conditions of the criminal no contact order be changed or removed. In the Request for Dismissal, the individual requests that the criminal no contact order be completely dismissed. The form must be filled out completely and accurately and submitted to the court, along with any supporting documents that may be requested. The court will then review the request and make a ruling. If the court approves the request, the criminal no contact order will be modified or dismissed.

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FAQ

A violation of a No Contact Order is punishable by a fine and/or by imprisonment in the county jail. A peace officer may arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated a no contact order.

A "No Contact Order" is put in place when someone is charged with a crime, it prevents the Defendant from having contact with any of the alleged victims of the crime and/or others depending on the relationship to the defendant and the Courts assessed risk.

The person charged has had contact with the stated person in violation of the order. A violation of a No Contact Order is punishable by a fine and/or by imprisonment in the county jail.

A protection order is a civil provision with criminal penalties. It can be obtained to restrict or prohibit contact between a victim of abuse and the perpetrator (Idaho Code § 39-6301). A protection order is a document issued by a civil court that orders the person who is abusing or stalking you to stop doing so.

(1) Whenever a protection order is granted and the respondent or person to be restrained had notice of the order, a violation of the provisions of the order or of a provision excluding the person from a residence shall be a misdemeanor punishable by not to exceed one (l) year in jail and a fine not to exceed five

You may request the judge to change or remove the order by filling out paperwork on the first floor of the Ada County Courthouse. The court will set a hearing at which you must appear. The judge will hear from you, the State, and the defense before deciding whether to modify or remove the order.

A violation of a protection order can be a misdemeanor punishable by up to one year in jail and a fine up to $5,000. Make sure a police report is filled out, even if the police do not arrest the abuser.

This may also require that the "respondent" remain a certain distance from the protected person, their home, their work, or other locations. Any violation of this order is a misdemeanor and will result in a criminal prosecution.

More info

First, the plaintiff (the person filing the case) fills out the DVPO paperwork and gives it to the clerk of court. You can ask the court to extend the order for an additional two years (with the exception of the custody provisions), but you must do so before it expires.FormTitleRevisedNC 02. What if I need to change part of the Protective Order? You must fill out and file forms with the court. Filling Out Form CAO CR 41 Request to Modify or Dismiss No Contact Order. Only a judge can modify an Order of Protection. If the Judge grants our motion his order may permit full and unrestricted "lawful" contact.

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Idaho Request to Modify or Dismiss Criminal No Contact Order