Remove a No Contact Order in a Domestic Violence Case: What is Required?

undefinedRemove a No Contact Order in a Domestic Violence Case - Michigan Domestic Violence Defense Lawyer Shows How

As a Michigan Domestic Violence Defense Attorney, this is often the first question I hear from someone accused of a Michigan Domestic Violence charge: "How do I remove a No Contact Order?"  Can it be done?  The answer is "YES!"  However, the process to remove a no contact order in a Domestic Violence case in Michigan is specific - and Court Clerks often misrepresent that process over the telephone when you call and ask.

The good news is: an experienced Michigan Domestic Violence Attorney, such as The Law Office of Brian J. Prain, PLLC will know what to do.  The authority for a Court to impose a No Contact Order in a Domestic Violence case comes from MCL 765.6b and MCR 6.106.  The authority to remove a No Contact Order in a Michigan Domestic Violence case comes from that same Court Rule [MCR 6.106(H)].

To remove a No Contact Order in a Domestic Violence charge in Michigan, your Michigan Domestic Violence Lawyer must ordinarily make a "Motion," which is a formal request to the Court to modify the Domestic Violence No Contact Order.   This Motion to remove a No Contact Order may be made in-writing or orally at a Domestic Violence Arraignment or Domestic Violence Pretrial Conference.  [click here for our other articles on remove a No Contact Order in a Michigan Domestic Violence case.]

A Michigan Domestic Violence Attorney knows that to remove a No Contact Order the victim (also called the "complainant") must usually be present at the hearing to testify, which must be properly coordinated, since the No Contact Order prevents you from contacting them and asking them to appear in the first place.

Here's the catch: the Court doesn't HAVE to remove a No Contact Order just because a request was made.  Over the years, it is getting trickier to remove a No Contact Order.  In-fact, there are some Courts that simply refuse to remove the No Contact Order.  Having an experienced and knowledgeable Michigan Domestic Violence Lawyer can make all the difference.  Call The Law Office of Brian J. Prain, PLLC anytime at (248) 731-4543, or fill-out the Contact Form


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