No-contact orders, otherwise called protective orders or protection from abuse (PFA) orders, are relatively common in the judicial system, especially in cases involving domestic disputes or violence. These orders are often imposed very shortly after being arrested by law enforcement or prosecutors. However, no-contact orders interfere with a defendant’s ability to be with their family and pose a significant burden. It might be possible to have a no-contact order dropped.
No-contact orders can be challenged on a number of grounds. If you can demonstrate that you are not a threat to the alleged victim, a court might be inclined to drop the order. Alternatively, if you and the alleged victim reconcile, the order would become unnecessary, and a judge might have it dropped. Challenging a no-contact order will depend on whether the order is civil or criminal in nature.
If you were recently arrested for domestic violence or a similar violent crime, you might be facing a no-contact order in the very near future. Our Salt Lake City defense attorneys can help you get the order dropped. Call Overson Law, PLLC at (801) 758-2287 to arrange a free, private legal consultation.
Getting a No-Contact Order Dropped in Utah
Getting a no-contact order dropped might be difficult depending on what kind of charges you are facing and the underlying nature of your case. Courts might be a bit more reluctant to drop a no-contact order in domestic violence cases where the victim claims they fear for their safety. However, no-contact orders are often dropped if the defendant can show that they do not pose a threat to the alleged victim and the order is unnecessary.
However, there may be certain elements working against you. For example, a defendant who has a history of violence, especially violence against the alleged victim, will have a harder time getting a no-contact order dropped. A judge can consider factors including your history of violence when imposing or dropping a no-contact order.
It would also help your case if you can provide a good reason why you need the no-contact order dropped. If the order somehow interferes with some other aspect of your life, you would have a stronger argument in favor of dropping the order. For example, if you and the alleged victim work in the same office, a no-contact order might prevent you from going to work, and you could lose your job. On the other hand, if you and the alleged victim share children, the no-contact order might interfere with your ability to see your children.
You will also have to consider the criminal and civil components of a no-contact order. According to Utah Code § 78b-7-803, a pretrial no-contact order may contain criminal components that keep a defendant away from an alleged victim and civil components that may involve support payments necessary for the victim’s wellbeing. Call our Riverton criminal defense attorneys for help with your case today.
Grounds for Dropping a Criminal No-Contact Order in Utah
Protective orders and PFAs are imposed in criminal proceedings and contain provisions that order the defendant to keep away from the alleged victim. Criminal components may also restrict the defendant from having weapons in their possession. The biggest part of the no-contact order is the restriction on your movements. You cannot be near the alleged victim, or you will face criminal consequences. However, there may be grounds to drop the no-contact order.
If we can show you are not a threat to the alleged victim, a judge might be convinced to drop the order because it would be unnecessary. We might be able to show you are not a threat by showing you have no history of violence. Protective orders can be imposed shortly after your arrest and release from jail. In many cases, the order is imposed ex parte, meaning you are not present when the judge grants the order. However, emergency ex parte protective orders are very short lived. They typically last until a more in-depth hearing can be held on the issue, normally within 20 days. If you can hold out for that time, we can challenge the order at your hearing and hopefully prevent something more substantial from being imposed.
No contact orders can be challenged if they interfere with the defendant’s ability to live their life. For example, a no-contact order might prevent you from seeing children and other family because of their relationship with the alleged victim. If you work or live with the victim, your job and living situation might also be put in jeopardy.
In many cases, a no-contact order is put in place shortly after a defendant is arrested. However, if we can prove there was no probable cause for your arrest and you should never have been in custody, the no-contact order, as well as your entire case, could be undermined.
Getting a no-contact order dropped will make fighting your charges much less complicated. For help fighting a no-contact order against you, call our Sandy criminal defense lawyers.
Dropping Civil No-Contact Orders in Utah
No-contact orders can also be civil orders, such as injunctions to prevent stalking, and can vary based on your relationship to the alleged victim. While most no-contact orders contain civil and criminal components, some orders can be filed in civil court by the alleged victim instead of after the defendant’s criminal arrest.
In domestic relations cases, it is not unusual for a defendant to be ordered to pay some financial support to the alleged victim while they are under the no-contact order. This allows alleged victims to continue receiving the support they have come to rely on while the order is in effect.
Civil components to no-contact orders and certain civil protective orders may only be imposed when specific criteria are met. Generally, the parties must have been cohabitants or share children, and there must have been actual physical abuse or threats of violence. Speak to our Utah no-contact order defense attorneys about your case. If any criteria necessary for civil components in a no-contact order are not met, we might be able to have the order dropped.
Remember, a no-contact order’s civil and criminal components do not necessarily have to be dropped together. It may be possible to get the civil aspects dropped while leaving the criminal aspects in place. Call our Logan criminal defense lawyers for assistance.
Call Our Utah No-Contact Order Defense Lawyers
If you or someone you know has been arrested for a violent crime, a no-contact order might already be in place. Our Utah no-contact order defense lawyers can help you challenge the order and have it dropped or altered. Call Overson Law, PLLC at (801) 758-2287 to schedule a free legal consultation about your no-contact order.