Possibly, but you need an experienced criminal defense attorney to help you.
Until the no-contact condition gets lifted, DO NOT violate it. Doing so could cause your re-arrest and expose you to the possibility of staying in jail until your case is over.
Here’s how we try to get the no-contact bail provision lifted:
- Spousal consent. If possible, we like some assurance that your spouse wants the condition lifted—a clearly worded letter or email, or a promise to tell the judge at the hearing will do. If your spouse won’t consent, forget it. You can’t expect a judge to lift a condition designed to protect someone if the protected person objects.
- File a motion to amend (change) bond conditions. In the motion, we list good reasons to justify the judge in lifting the no-contact provision. Reconciliation is an excellent one, as is help with child rearing.
- Present arguments at the hearing. We go before the judge to decide the motion. The state prosecutor will be there. Your spouse will be there. Expect the judge to ask your spouse if she agrees to lifting the condition, and if so, why. We present your arguments showing all the good reasons the judge should.
- The judge issues an order. Hopefully, it lifts the no-contact condition or allows some contact, like counseling or help with children.
Domestic abuse suspects who want no-contact provisions removed from bail orders face prosecutors who oppose them and judges who need to be extremely cautious in lifting these provisions. To give yourself the best shot at getting the provision lifted—not to mention winning your case—you need an experienced lawyer who is not afraid to stand up for you and point out how a so-called victim can change her mind, and how you both have the right to save your relationship even if it got a little rocky. There’s a whole lot more at stake than just your freedom—it’s your family.
At Holland & Usry, we are sensitive to your needs and how reconciliation can be best for everyone in the end. Call us at (888) 230-1841 or (864) 582-0416 now to start building your defense and paving the way to reconciliation, if reconciliation's best for you.