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How to Modify No-Contact Provisions of a Domestic Violence Bail Order

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  • 12-31-2017, 10:04 AM
    splingflap
    How to Modify No-Contact Provisions of a Domestic Violence Bail Order
    My question involves criminal law for the state of: New Hampshire

    I'm hoping someone may be able to help me title the motion I'm writing appropriately. Defendant has conditions of bail that include a standard no-contact order. The Court noted on the order of protection/conditions of bail that the Court will hear a "bail review upon request". Bail is set at $1000 PR. The Judge mentioned he will listen to a request to have the no-contact order lifted, but was not willing to do so at the time. He wished to have more time for both parties to "smooth out" and "calm down".

    My main questions is: What should the Motion be titled? Is it "Defendant's Motion to Modify Bail Conditions", "Defendant's Motion to Remove Orders of Protection", "Defendant's Motion to Remove No-Contact Order", 'Defendant's Motion to Modify Orders of Protection", "Defendant's Motion to Request Bail Review", or "Defendant's Motion to Modify No-Contact Order"?

    I'm thinking it would be "Defendant's Motion to Modify Bail Conditions" or "Defendant's Motion to Request Bail Review". I'm basing this off how the Judge spoke, and what he noted he will allow: "bail review upon request".

    I'm confident in writing this motion, both defendant and victim want this to happen as the victim is homeless and living on the street because of this order. The only thing I"m not confident on is how to title it! Any advice is much appreciated. Thank you and Happy New Year!
  • 12-31-2017, 10:40 AM
    cbg
    Re: Correct Title for Motion to Modify Domestic Violence No-Contact Order
    And who are you in this scenario?
  • 12-31-2017, 01:35 PM
    splingflap
    Re: Correct Title for Motion to Modify Domestic Violence No-Contact Order
    I am the Defendant
  • 12-31-2017, 02:51 PM
    flyingron
    Re: Correct Title for Motion to Modify Domestic Violence No-Contact Order
    What makes you think the judge is going to be swayed by your statement that you've calmed down and aren't going to be a further danger to the victim?

    Understand, that even if you get the bail conditions (or order of protection) removed, you still have MASSIVE legal issues. That doesn't mean the DV charges are going away. The law doesn't cancel things just because the batterer makes nice with the victim. In fact, the state is disinclined to believe recants of the victim in this situation.

    WHAT YOU NEED IS A LAWYER.

    Let your lawyer make the appropriate motion, if such is even a good idea.
  • 12-31-2017, 02:52 PM
    LegalWriter
    Re: Correct Title for Motion to Modify Domestic Violence No-Contact Order
    You can call it whatever you want. Just say what the motion is about. The previous poster is correct that it's going to take more than just telling the court that you've calmed down. If the victim in the case is agreeable, she should be at the hearing on the motion but you can't contact her to show up....Your attorney should handle this.
  • 12-31-2017, 07:13 PM
    asa_jim
    Re: Correct Title for Motion to Modify Domestic Violence No-Contact Order
    At a minimum, the judge is going to want testimony on the record from the victim in this crime stating s/he is not afraid of you, wants no contact modified to no unconsented contact, that there has been no threat made to compel such testimony, that it is not being done out of financial dependence, etc. That covers the judge if the unthinkable happens as a result of the modification. No judge in their right mind would modify without that. And LegalWriter, is correct, it doesn't matter what you call it as long as it describes what you are asking the court to do. And that you have to have an attorney handle this.
  • 12-31-2017, 09:16 PM
    Mercy&Grace
    Re: Correct Title for Motion to Modify Domestic Violence No-Contact Order
    The Judge might view it as the victim being willing to put herself in danger to have a place to stay
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