i live in Oakville , ON . Both the defendant and victim may be required to attend the hearing. - all related to domestic violence in Ontario. The Court may still grant a no-contact order. This is ruining our lives and they just keep saying call back next week. Prohibited Contact A no contact order usually instructs the defendant not to have any in-person contact with the alleged victim. The Court will consider the person’s safety concerns when deciding whether to release the other person. However, unless and until a judge officially vacates the order you are still bound by the terms of the order and will likely end up in jail if you violate the order. Understanding she was emotional compramised at the time of questioning, the answers she provided may have been in the heat of the moment so to say, and may lead Crown to assume the situation was worse than it was? It is highly recommended that you seek counseling in order to process your relationship and understand the cycle of abuse. A no-contact order may be issued in domestic violence or assault cases in order to protect the safety of a victim or victims. Additionally, a person who is on probation or parole must take extra precautions. This orders the accused not to contact victims, witnesses, or any other person identified in the order. A no-contact order covers all types of contact. Do the legwork yourself, you will not only learn about the law, but that the people who depend on it to pay their bills don't want to admit the basic truth. The Court may still grant a no-contact order. This seems counter-intuitive: when a defendant is presumed innocent, the state deems … No Contact Orders. for Free! Speak with your court advocate or other court personnel about lifting the order if you are the victim. You can reach my office at 647-352-BAIL (2245). Any lawyer may dispute this but the facts are that you have access to the same laws and information they do. This orders the accused not to contact victims, witnesses, or any other person identified in the order. If so please reply Asap. Having championed many of these situations, we know these are difficult motions that require the … And in essence, in order for the no-contact order to be lifted, the alleged victim must say that he or she does not fear harm from the defendant. Submit a copy of both the no contact order and your motion to modify the order to the appropriate office.
Hello,
     what are the chances of having the condidtions lifted in the even that the victim DID provide a statement.
Yesss this does helpp i have one more question ? Re: No Contact Order In Ontario, Canada The prosecutor is mostly going to want to feel comfortable that this isn't going to happen again, particularly before your husband's scheduled court date. If they think they can predict an outcome you can't once you learn this then they are psychic and you should also ask them for next weeks lottory numbers. Join the Directory If he pleads guilty, the Crown and the court will let the him resume contact with the victim and permit him to return home, if she consents. Then, appear in court and argue your case. Is there anything I can do to get this No Contact Order dropped? The victim doesn't feel the "Spousal Assault" charge is accurate; just made a phone call to stop any further conflict... Is there anything this person can do to help have a no contact order revoked? I hope this advice helps.
The Lawyers advice is for the most part true. However, our office does not give simple answers or build expectations to sell our services. Legal advice pertaining to your particular situation can only be given by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. The accused has no history or violent behavoir as well this incedent in completely isolated. In certain jurisdictions, the no contact condition will be varied if the accused agrees to complete a counselling program. The Court may choose not to release the accused from custody. Remember the quote that its hard to get a man to understand when his salary is based on not understanding. and how i can do this ? Attend the no-contact revision hearing. If the court or the prosecutor learns that a “No Contact” order has been violated, it will often cause an individual to have their bond or R.O.R. what does resist mean in that context and could the case get dismissed by a judge because i provided no statment and they said i had a busted lip and i went to the doctors and got a note from them saying i had no injuries on my face so thgat alone shows the cops lied so to speak. I need some advice regarding no contact order, pre trial etc. The alleged victim in many of these cases called the … They will work with the person to understand their safety concerns and relay those concerns to the Court. However, to enter the counseling program the accused is usually required to enter a guilty plea first. me and my bf got in a fight on friday and started yelling at eachother we were drunk and i fell over a curb and a witness called the police my only injuries were a scrapped elbow from falling and the police said i had a busted lip which is untrue so me and my mom took pictures of my injuries to prove i had no busted lip only a scrapped elbow , the police officers also never gave me an option to make a statment anyways my bf went for bail and his conditions were no contact he was living with me and me and my mom would like the no contact order removed it was all a misunderstanding he wouldnt hurt a fly he is so gentle, but i was just wondering what the chances are ? We have consistently found that with proper preparation, understanding, and realistic expectations, the chances of getting a No Contact Order Lifted, Rescinded or Modified increase dramatically. Violating a no contact order is usually seen as a “slap in the face” to the authority of the criminal justice system. revoked and a warrant issued for their arrest with a … Prosecutors Not Particularly Sympathetic to Wishes of Victim. The jails and courts want their peace of this situation to make money. If the alleged victim wants to vacate a no contact order, he or she can contact the prosecuting attorney, or the court, and express his or her desire to have the no contact order vacated or dropped. For Lawyers: Violating a no contact order is considered a crime as well as a violation of a probation, parole or bail conditions. The judge only comes in once a week and keeps saying they haven't had time to look at the papers. They prey on ignorance, but the fact is that its all a preplanned game. No-contact order . And you should never plead guilty before speaking with a … Asked over 9 years ago in OntarioCategories: Criminal Law, Please note that this is for informational purposes only and does not constitute legal advice to you. If the “motion to modify conditions of release” is granted, you will be allowed to once again have lawful contact with the alleged victim. Re: No Contact Order In Ontario, Canada The prosecutor is mostly going to want to feel comfortable that this isn't going to happen again, particularly before your husband's scheduled court date. No weapon involved also no statement was taken from the Accused. Do your best to demonstrate the financial hardship, and to assure the prosecutor that you are not going to tolerate any repeat of this behavior. Is there anything the Accused can do to have these conditions revoked? The best way to get a no contact order dropped is to decide which parts of the order you want dropped and complete a motion to modify the order. Generally, consequences related to contempt of court can be imposed on a person who violates a no contact order. One would think that this strongly suggests that no domestic violence occurred. The meaning of indirect communication is less obvious. If a “no contact” order has been put in place in your Pinellas County domestic battery case, we can go to court on your behalf and request to have the order modified. In response to the second comment, it is unlikely that a no contact condition will be varied while the charges are still outstanding. For formal legal advice, call my office to setup a free consultation. The police layed the charges to keep the system making money. Do your best to demonstrate the financial hardship, and to assure the prosecutor that you are not going to tolerate any repeat of this behavior.