Can I Get a No Contact Removed Without a Lawyer?

FOR THOSE WHO HAVE BEEN ACCUSED AND ARRESTED - A DOMESTIC VIOLENCE 'NO CONTACT ORDER' CAN BE A HARD-HITTING LITTLE SURPRISE THAT YOU FIND OUT ABOUT - AT YOUR ARRAIGNMENT!

Even though you are presumed innocent, unless and until proven guilty beyond a reasonable doubt, the Judge's power to put Bond conditions on your life comes from the Constitution. Through the Michigan Compiled Law (MCL), and the Michigan Court Rules (MCR), MCR 6.106 gives a Judge the power to impose conditions reasonably necessary to ensure1) that you return to Court, and 2) that you are not a danger to the community.

One of the conditions found in these laws is the "Domestic Violence - No Contact Order", MCL 765.6b, which specifically allows for a No Contact Order in a Domestic Violence case.

You should be aware that ANY communication, even a simple text message, or communication through a mutual friend, violates a No Contact Order. Courts take this Bond Condition seriously, and any violation can find a Judge easily tossing the defendant in jail, without bond.

Now, as to your question:Can I get a No Contact Removed Without a Lawyer -The answer is: "Yes, However..."

A Motion needs to be made to remove or modify a No Contact Order, and is done in one of two ways:

  1. The Motion can be made orally "on the fly" atany court hearing; OR
  2. By "normal procedure", which requires the Motion be made in a formal written format, submitted to the Court for entry and scheduling of the Motion Hearing.

There are advantages and disadvantages to both:

An Oral Motion, without prior notice, is advantageous when the Judge is willing to address it without the Prosecutor being present - however, the removal of the No Contact Order at that time, and in that manner, could later be subject to attack by Prosecution.

A formal Written Motion gives Prosecution the opportunity to object at the Motion Hearing, getting everything on the table up front, and removes the risk of the Bond Condition being reinstated.

That said, here are some of the obstacles you are likely run into in an endeavor to get a No Contact Order removed without an Attorney:

1) The Complainant needs to be present at the Motion Hearing - and questioned by the Judge. (S)he will play a significant roll in the Judges decision. Without an Attorney's assistance, coordinating this can put you at risk of violating the No Contact Order, even if their appearance is arranged through a friend or other 3rd party (as mentioned above). (click here)

* You would be best served to file a written Motion, schedule a Hearing, and hire a Process Server to Subpoena the alleged victim.

2) There are timelines between filing and serving the Motion and when the Hearing date can be set. Note: You need to be aware that the Court will not make it easy for you to get confirmation of the date that the Motion was actually filed and entered on your case.

3) You will be expected to conduct the Hearing on your own behalf. And honestly, the reality is that the Judge is not likely to treat you with the consideration or respect that he would an attorney. Statistically, defendants (or plaintiffs) are taken more seriously when they are represented by legal counsel.

4) When representing yourself, it is expected that you would have a substantial understanding of the law, as well as its process.

Getting a No Contact Order removed has gotten tougher over time click here!

If you find that the information gathered here proves to be more complicated than you had imagined, as is the case in most scenarios, please feel free to contact our office toll free at (248) 731-4543. We offer an initial consultation, free of charge, and would be glad to answer any questions you may have at that time.

Our law office has years of experience in Domestic Violence Law as well as extensive knowledge and involvement with Michigan Law, Courts, Judges, and Prosecutors, county by county, (and believe me, when I say... it makes a difference).

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