Question Details: I was w/ my partner for 3 1/2 years and he decided to come home drunk a couple nights. Cops were called and no contact order was set and I left out of state. I t has been 9 months since the incident and we still haven't had contact but thru his sister. We now have moved on and don't wish to be together and we do live in different states, but I do have his daughter. The state put the no contact order in so can I drop it so we can get together for Christmas? if so, How would I go about this?
The general rule is that a no contact order will be entered by a judge to remain in effect during the pendancy of a criminal prosecution. Therefore, once the prosecution ends, the no-contact order is generally lifted. While this is subject to some exceptions, such as if the judge imposes a conditional sentence (and one of the conditions is to refrain from having contact), in most instances the general rule applies. Thus, your first step should be to find out whether the criminal matter has been resolved in the last 9 months, and if so, to confirm whether the no contact order no longer, in fact, exists. You can do this my calling the clerk's office at the court. If, on the other hand, the case is still pending, an attorney may need to file a motion to modify the existing no contact order. Good luck.

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