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If I want *(see below)
to lift a "No Contact Order" what can I do?
Victim Must:
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The
victim must have an in-person interview at the Association for
the Prevention of Family Violence (APFV) and file a written
request that the "no contact order" be lifted. An
appointment is necessary and can be made Monday through Friday
from 8:00 a.m. to 4:30 p.m. by calling (262) 723-4653.
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The
victim will be given a letter from APFV after completing the
interview. The victim must take the letter, along with the
written request to lift the "no contact order", to the
Clerk of Courts Office. The Clerk of Courts Office is
located in Room 2080 in the Walworth County Judicial Center in
Elkhorn, Wisconsin. A copy of the letter and written
request must also be provided to the District Attorney's Office.
(APFV will assist the victim with the request. All victim
services are free of charge.)
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The
Court makes the final decision on whether or not to lift the "no
contact order" based on the above letter. The Court will
take all circumstances into consideration prior to discontinuing
the "no contact order".
*The
victim is not required to ask the Court to lift the "no contact
order" unless the victim wants to have it lifted. No victim should
feel pressured to follow this procedure. It should not be done
unless the victim voluntarily chooses to do so.
Defendant Must:
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Provide verification
of counseling in written form and file a written request that
the "no contact order" be lifted. These items are filed
with the Clerk of Courts Office, Room 2080, Walworth County
Judicial Center, Elkhorn, Wisconsin. A defendant can show
verification of counseling by either:
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a.
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Completing a
domestic abuse assessment.
This assessment can be
scheduled by calling Carol O'Flanagan, Domestic Violence
Educator, at 262-903-8503.
Upon completion of the assessment, the defendant will fill
out a Control Plan which shall be filed with the Clerk of
Courts Office and copied to the District Attorney's Office.
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OR
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b. |
Seeking out
counseling through a private counseling agency.
That agency must submit a
written statement on agency letterhead to the Clerk of
Courts, with a copy to the District Attorney's Office. The
statement must include a treatment plan for ongoing
counseling and verification of completed counseling.
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The Court makes the
final decision on whether or not to lift the "no contact order"
based on all submitted information. In the case of other
aggravating circumstances, the Court will take these into
consideration prior to discontinuing the "no contact order".
There is no guarantee
that the "no contact order" will be lifted even if all of these
procedures are followed. The judge makes the final decision as
to whether or not the "no contact order" will be lifted. If it
is lifted, it may be lifted with restrictions as to what kind of
contact will be allowed.
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