How Do I Vacate a No-Contact Order in Rhode Island?
Posted in General on March 19, 2019
My spouse was arrested and charged with a domestic assault. As a result of being arrested, there is a no contact order that prevents my spouse from contacting me. The police made a mistake and my spouse should not have been arrested. How do I get the no contact order removed?
This is a very common question that I receive. Many times getting a no-contact order is so important for the families involved. Since a no-contact order means that the family member is not allowed in the house and there cannot be contacted about picking up the kids or communication about family affairs or business. This can be a very difficult time for families and although it’s not easier to remove a no-contact order, it is possible.
Reasons for a No-Contact Order
But a no-contact order should not be removed unless this something that is a safe and good decision for the people involved. The no-contact order is there to protect from any abuse or injuries. This is a very serious matter and much thought needs to be taken into account.
This contact order will stay in effect until the case is over. If the case gets dismissed the no-contact order will go away. If the defendant pleads to the charge then most likely the no-contact order will stay in effect unless a dismissal of the order is part of the plea negotiations.
How to File a Motion for Removal of a No-Contact Order
If you would like to remove the no-contact order (nco) prior to the case resolving then you are able to file a motion with the court to terminate the no-contact order. This motion can be filed by an attorney who is representing you or by meeting with a domestic advocate at the courthouse and asking for assistance in filing the motion.
After the motion is filed, you will get a court date to appear in court (either that day or a date in the near future). During the court appearance, the Court will remove the motion, review any reports, ask for a recommendation and then the Court will address you. The Court will ask about anyone forcing you to remove this order if you are in fear and may ask questions about the reports. The judge will then make a decision.
The judge’s decision could be to vacate the NCO, amend the NCO or pass the motion. The Judge could amend the order to allow phone calls, texts or emails. The judge could also deny the request because the Court would like to see the defendant enroll and complete some counseling sessions. The Court could also grant the motion and then the NCO would be vacated.
It may take several motions and requests before the Judge will vacate an order. Sometimes it is helpful to seek counsel in order to help with this process.
Get Legal Help in Rhode Island
The Law Offices of Stefanie A. Murphy have represented many clients who either want to terminate a no-contact order or represents the person charged with the violating the law.