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  1. #1
    Join Date
    May 2009
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    1

    Default Lifting a No Contact Order in Louisiana

    My question involves restraining orders in the State of: louisiana

    My wife and I both got aressted on demestic battery by a over zelus police officer. The Magistrate put a 30 no contact order on both of us, we both want it lifted as we did not file reports on each other or request charges.

    How would we go about patitioning to have to order reduced or removed.

    Thank you for any help in advance.

    - kevin

  2. #2

    Default Re: Lifting a No Contact Order in Louisiana

    You might not have filed reports or requested charges, but somehow, the police ended up involved - so either someone summoned them (reported a crime), or they just happened to be in the area and were attracted to a sitation that they felt had the potential to be a crime. If police felt that a crime had been committed, they are obligated to act.

    You can file a motion with the court and ask - but be aware that particularly in domestic violence cases (although it generally holds true for most cases), the state presses charges when they reasonably believe a crime has occurred - victim's don't have to "ask". (Think of it this way; a murder victim can't ask for a police report or charges, but the case moves forward on it's own merits.) Typically when an order is issued without either party requesting one, it's because it's the policy of the court to do so to create a "cooling off" period. Judges typically won't drop these, but you can most certainly ask.

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