Legal Question in Criminal Law in Michigan

My husband is currently in trouble with the courts for a domestic violence 2nd offence and interference with a communication network. It is against me and I told the prosecuting attorney that he: really did not touch me and I was not on the phone with police when he took my phone, which he wasn't. He told me that I had to go along with what I said on the phone with dispatch. I was very upset with him because he had been drinking. They will not let me lift the no contact order so how do I go about this? I want the no contact order dropped.

Asked on 9/24/13, 11:29 am

3 Answers from Attorneys

Jared Austin Austin Legal Services, PLC

You can petition the judge to drop the no contact order but it will be up to him. If you change your story from what you initially told the police you could be charged with filing a false police report. The prosecutor will decide whether or not he wants to pursue the case.

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Answered on 9/24/13, 12:10 pm

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney

I disagree with the first attorney's answer. I don't think that YOU can petition the judge to drop the no contact order because you are not a party to the criminal case (People v John Smith). the defendant is and the prosecutor is. Plus, the no contact order is not "against YOU" because it does not tell YOU to do or not do anything. It is directed against the defendant. So, what should happen is that the DEFENDANT should file the motion to modify the bond conditions to request that the no contact provision be rescinded or modified; the paperwork in support of the motion can include something in writing from you expressing your desires, but the paperwork will not be the end ... it will be the beginning. The judge will have a hearing where, in all likelihood, you will be asked under oath by the judge about your change of heart, why you don't want the no-contact order, why you would be safe, etc. The judge may be skeptical, and concerned that you have been pressured into taking this position. Ultimately, the judge makes the call, not you.

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Answered on 9/24/13, 12:44 pm
William Morrison Action Defense Center

Why don't you wait a few months until all the fines, costs, and expenses from your latest mistake have been paid. Once he gets to come back home with a criminal record that will keep him from ever getting a good job, you two can reflect upon your future life together.

You should have learned from your first encounter with the police that the government is an incredibly poor marriage counselor.

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Answered on 9/24/13, 12:47 pm

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