If you have been charged with a criminal offense in San Diego that involves an alleged victim, a No Contact Order was likely issued by the court at your initial hearing. A No Contact Order, or NCO, prohibits contact between you and the alleged victim during the pendency of the case. Sometimes, an alleged victim wants to drop the No Contact Order. Though it is possible to get an NCO dropped, it is something that must be done through the court.
Anytime a crime includes a victim the court is likely to issue a No Contact Order. The purpose is to prevent the alleged perpetrator from threatening, coercing, or further victimizing the alleged victim in the case. Sex crimes, theft cases, and domestic violence cases all routinely include a victim and, therefore, all routinely have an NCO issued. Though it could happen in other type of cases, alleged victims in domestic violence cases are the most likely to want an NCO lifted. Typically, this is because the parties want to reconcile and work on their issues or because there really was no violent conduct in the first place. Regardless of the reason for wanting the NCO dropped, only a judge can drop it.
If you are charged with a crime and an NCO has been issued in the case it is imperative that you obey the NCO unless, and until, the court vacates the order. Violation of a NCO is a separate criminal charge that could land you back in jail. Keep in mind that the alleged victim is not under a court order that prohibits contact with you, but you are under a court order that prohibits contact with the alleged victim. In other words, even if the alleged victim wants contact with you it is still a violation of the no contact order.
The court, at its discretion, can vacate a NCO. For this to occur, your attorney will need to file the proper motion with the court asking to vacate the NCO. The court will likely set a hearing wherein the alleged victim can explain why he or she wants to the no contact order dropped. If the court is satisfied that it is safe to do so it may vacate the NCO.
Under no circumstances should you violate a No Contact Order in San Diego. Consult with your San Diego criminal defense attorney about getting the order vacated if you believe the alleged victim wishes it dropped.
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