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PA - DV charges - I told lawyer I wanted motion to lift/modify no contact order and he did not ask - he has not filed either a week after prelim! help

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hsdr2017

Member
We live in PA.

The DV charges were false. We are both innocent and neither of us touched, or even threatened each other but police were sick of being called to our house.

He was on probation so is in jail on detainer. They gave me a NO contact order and they also gave him a NO contact order!!! We have a 6 month old baby girl together and have been together for over 7 YEARS!!! I told my lawyer the goal of the preliminary hearing was to get the no contact order dropped and he didn't even ask for it!!

My fiances lawyer told us if we both do the mental health evaluation they will probably drop the no contact order but I am frustrated and pissed off! I feel like I'm doing something wrong when I answer his calls from jail even though we BOTH want to talk to and see each other and we LIVE TOGETHER and he WILL be living at home when he gets out of jail!! I am so ticked. I told my lawyer I want a motion to lift the no contact order filed immediately OR I want a motion to modify the no contact order to no VIOLENT contact order IMMEDIATELY! He is basically playing games and treating me as if I am just stupid or can't think for myself.

Do I go with a different lawyer? Do I tell my lawyer either he files one or the other immediately or I will hire a new attorney? Do I just file the motions myself and hope for the best??!?! Please help!!! He has been in jail 3 weeks now and I thought for sure the no contact order would be dropped at the preliminary hearing! I am heartbroken and he is having such a hard time in jail as it is - he literally would not do ok at all if he weren't able to call me during the day... he says he needs to talk to me to start his day and I understand why because I AM his family - his parents are not very caring and he barely ever seen them before this so now he doesn't really care to talk to them and we both miss and love each other. :(
 


quincy

Senior Member
We live in PA.

The DV charges were false. We are both innocent and neither of us touched, or even threatened each other but police were sick of being called to our house.

He was on probation so is in jail on detainer. They gave me a NO contact order and they also gave him a NO contact order!!! We have a 6 month old baby girl together and have been together for over 7 YEARS!!! I told my lawyer the goal of the preliminary hearing was to get the no contact order dropped and he didn't even ask for it!!

My fiances lawyer told us if we both do the mental health evaluation they will probably drop the no contact order but I am frustrated and pissed off! I feel like I'm doing something wrong when I answer his calls from jail even though we BOTH want to talk to and see each other and we LIVE TOGETHER and he WILL be living at home when he gets out of jail!! I am so ticked. I told my lawyer I want a motion to lift the no contact order filed immediately OR I want a motion to modify the no contact order to no VIOLENT contact order IMMEDIATELY! He is basically playing games and treating me as if I am just stupid or can't think for myself.

Do I go with a different lawyer? Do I tell my lawyer either he files one or the other immediately or I will hire a new attorney? Do I just file the motions myself and hope for the best??!?! Please help!!! He has been in jail 3 weeks now and I thought for sure the no contact order would be dropped at the preliminary hearing! I am heartbroken and he is having such a hard time in jail as it is - he literally would not do ok at all if he weren't able to call me during the day... he says he needs to talk to me to start his day and I understand why because I AM his family - his parents are not very caring and he barely ever seen them before this so now he doesn't really care to talk to them and we both miss and love each other. :(
You can hire another lawyer if you feel your current lawyer is not representing you properly - but I am afraid your expectations of what a lawyer can and cannot do might be unrealistic.

Your lawyer cannot just "drop" the no contact order. He cannot just change the order to fit your wants.

I suggest you have the mental health evaluation as recommended. And I strongly recommend that you follow all of the terms of the no contact order exactly as ordered - no calls, no texts, no visits - until the no contact order is no longer in effect.

Otherwise you might wind up in jail with your fiancé and your baby might be placed in foster care.

Again, you can change lawyers if you are dissatisfied with your current one but I don't think any new attorney will make much of a difference.

Good luck.
 

quincy

Senior Member
You have a thread in the Family Law section of the forum that you can use for your additional questions.
 
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