Court Won't Drop No Contact Order, Despite It's Limited Value
Indiana
My boyfriend is being charged 2 counts Mis A Battery and 1 count Fel D Intimidation. So of course they issued a no contact order. I asked the prosecutor what the posibilities of getting the NCO terminated and they said that he either had to plea or wait until the trial and the judge will decide then. well the trial is scheduled for Jan 9 and it is Oct 26th. i Havent talked to him since Monday night when he called me from the jail. He was released tuesday with the NCO as a condition of bail.
My point is they are unwilling to terminate the NCO. But the issue is... if someone wanted to hurt me... the court simply telling them they cannot contact me, would not stop him from coming to my house and hurting me. if he wanted to murder me... he would murder me... protection order or not. I feel that me telling the prosecutor that i want it dropped, and them saying NO... it is starting to violate MY rights!!!
Should I retain a lawyer to try to get this dropped? Does anyone have any similar stories or advice for me? I have been devastated in the last week because of everything that has happened. I am 99% sure that when it goes to trial he will be found not guilty (he didnt batter anyone... it is a case of being blown out or proportion and my friend calling the cops because she thought i was at risk) but we are hoping it all gets dropped before a trial is necessary. i just cant wait that long to talk to him. it is killing me. it is more harmful of making it so we cant contact each other.
Re: Court Won't Drop No Contact Order, Despite It's Limited Value
If you're worried that your boyfriend is going to kill you, the prosecutor is correct to keep the no contact order in effect and, should you see him, you can notify the police and inform them of his location and the no contact order. Every little bit helps.
Re: Court Won't Drop No Contact Order, Despite It's Limited Value
I am not scared he will hurt me at all. i am more scared of the ramifications of me not being able to communicate with him (i am getting more and more sad and depressed everyday) and him not being able to communicate with me (i have heard that he is so depressed right now)
he would never hurt me
he has never hurt me
and i dont know why they wont terminate the order
if someone wanted to hurt me, a piece of paper would not stop them
Re: Court Won't Drop No Contact Order, Despite It's Limited Value
Quote:
My boyfriend is being charged 2 counts Mis A Battery and 1 count Fel D Intimidation.
So, where did the charges come from? Are you saying that the authorities just conjured them out of thin air for their own amusement?
Re: Court Won't Drop No Contact Order, Despite It's Limited Value
No we got into an argument and he picked me up to put me out of his room. my female friend thought the worse and starting punching him and 5 people got into it and she ended up tripping over a step and hitting the back of her head on a piece of wood. she called the cops and the cop filed all the reports and everything. so now there is NCO on both me and her. and Frankly I want mine dropped. I could care less if she gets hers dropped. they dont need to communicate, they barely did before anyways.
Re: Court Won't Drop No Contact Order, Despite It's Limited Value
Did you sign an agreement to prosecute?
Re: Court Won't Drop No Contact Order, Despite It's Limited Value
No i did not sign a dang thing
i submitted yesterday to the prosecutors office a letter i wrote requesting the no contact order be terminated but the "Victim's Assistance" associate told me it was up to him to either plead guilty or wait until jan when it goes to trial
i am currently working on typing up a Victims Impact Letter where I will explain everything that lead up to the arguement, what happened during, and whats happening now. The VA woman told me it would go into his file and the prosuctor would use it to help decide her decision with this case
we have are fingers crossed that it will get dropped
Re: Court Won't Drop No Contact Order, Despite It's Limited Value
BTW I want to THANK EVERYONE for all their assistance with me on this issue! You all have been so helpful to me in this hard time!!! I appreciated the guidance I have received so far from these boards!