Getting rid of a No-contact violation

[swissguy]

What is the name of your state (only U.S. law)? Washington

I was recently charged with DV in the 4th degree. My fiance called the police to settle a dispute between us.

She does not understand the concept of mandatory arrest and DV in Washington, since she's not from this country, and thought they would simply help us solve our disagreement. The police came over, claimed there were marks on her, and arrested me. From the police vehicle, I overheard my fiance asking the police to release me, but they didn't do so.

At the court date, I was given a no contact order, but released on PR. Since then, my fiance has been trying to contact me, but I haven't responded because I don't want to violate the order. She is messaging that she wants to get the case dismissed.

There are other problems that have been caused by the no-contact. First of all, we have a lease on the apartment we are living in. If we want to change the lease, since I was forced to move out, we both have to go to the landlord and talk to him to sign a new lease. I can't tell him to tell her anything, since that is also a violation. So, when the new month comes, he's going to either expect my rent, or my fiance to pay her and my rent. Second, the apartment is in close proximity to work and school. So, I can't go to work or school without violating the order.

Is there anything I can do to get just the NCO modified or removed?

 

[drruthless]

What is the name of your state (only U.S. law)? Washington

I was recently charged with DV in the 4th degree. My fiance called the police to settle a dispute between us.

She does not understand the concept of mandatory arrest and DV in Washington, since she's not from this country, and thought they would simply help us solve our disagreement. The police came over, claimed there were marks on her, and arrested me. From the police vehicle, I overheard my fiance asking the police to release me, but they didn't do so.

At the court date, I was given a no contact order, but released on PR. Since then, my fiance has been trying to contact me, but I haven't responded because I don't want to violate the order. She is messaging that she wants to get the case dismissed.

There are other problems that have been caused by the no-contact. First of all, we have a lease on the apartment we are living in. If we want to change the lease, since I was forced to move out, we both have to go to the landlord and talk to him to sign a new lease. I can't tell him to tell her anything, since that is also a violation. So, when the new month comes, he's going to either expect my rent, or my fiance to pay her and my rent. Second, the apartment is in close proximity to work and school. So, I can't go to work or school without violating the order.

Is there anything I can do to get just the NCO modified or removed?

Without knowing the particulars of the NCO I would suggest you speak with an attorney.
Good luck.

..____________________
~ Diligence is a very great help,
even to a mediocre intelligence. ~ Seneca

 

[swissguy]

Without knowing the particulars of the NCO I would suggest you speak with an attorney.
Good luck.

..____________________
~ Diligence is a very great help,
even to a mediocre intelligence. ~ Seneca

It just says within a certain distance of the person or their work/living area, as well as no direct, indirect, or third party communication. Unfortunately, my work and school are within this distance.

 

[justalayman]

Why do you have to alter the lease? Just pay the rent like your contract demands.




You can seek permission from the court (via your attorney would be the best means) to alls you to go to work and school.

If possible, I would suggest you block your fiancé on your phone. While she is not prohibited from contacting you, if you screw up and respond, that is all it would take to charge you with violating the order. Any contact or messages that need to be conveyed must go through your attorney who will take the proper actions to either tell you the message isn't going to be conveyed or take the proper steps to have it transmitted to her within the allowances of the law.

 

[quincy]

What is the name of your state (only U.S. law)? Washington

I was recently charged with DV in the 4th degree. My fiance called the police to settle a dispute between us.

... First of all, we have a lease on the apartment we are living in. If we want to change the lease, since I was forced to move out, we both have to go to the landlord and talk to him to sign a new lease ...

Your fiancée can terminate the lease without further obligation to the landlord if she cannot afford the rental payments on her own. The lease can be terminated early with presentation to the landlord of a valid order of protection. See RCW 59.18.575: Victim protection - Notice to landlord - Termination of rental agreement - Procedures: http://app.leg.wa.gov/rcw/default.aspx?cite=59.18.575

 

[justalayman]

Your fiancée can terminate the lease without further obligation to the landlord if she cannot afford the rental payments on her own. The lease can be terminated early with presentation to the landlord of a valid order of protection. See RCW 59.18.575: Victim protection - Notice to landlord - Termination of rental agreement - Procedures: http://app.leg.wa.gov/rcw/default.aspx?cite=59.18.575

Of course she has to live somewhere though and if she requires your income and or signature on a new lease, well, now isn't a good time to make a change.

 

[quincy]

Of course she has to live somewhere though and if she requires your income and or signature on a new lease, well, now isn't a good time to make a change.

There is that to consider.

The fiancée could always request that the landlord add a new, different tenant to the lease - if she wishes to stay where she is and needs someone to share the rent.

The point I was trying to make, though, is that swissguy does NOT have to go to the landlord for a lease-change. His fiancée can get the lease changed on her own, with protective order in hand. Or swissguy can send to the landlord a copy of the protection order to have his name removed from the lease, so he is no longer obligated for the rent on a unit he cannot live in. As long as he remains on the lease, he can be held responsible for the rent.

 

[Shadowbunny]

And perhaps you should lose the fiancee. A fight bad enough to invoke the police is not a good basis. And, no. I don't believe the "she thought the police are like mommy or daddy and there to mediate squabbles" story.

 

[quincy]

And perhaps you should lose the fiancee. A fight bad enough to invoke the police is not a good basis. And, no. I don't believe the "she thought the police are like mommy or daddy and there to mediate squabbles" story.

A domestic violence charge certainly does not bode well for a marriage between the two, does it?

I think perhaps swissguy might want to replace his overly-optimistic use of the word "fiancée" with "ex-fiancée."

 

[Shadowbunny]

A domestic violence charge certainly does not bode well for a marriage between the two, does it?

I think perhaps swissguy might want to replace his overly-optimistic use of the word "fiancée" with "ex-fiancée."

Where oh where is my "Like" button? I miss it so.....