If you have been charged with a crime and placed under a no-contact order by the police or court, you may be able to have it removed or modified. The conditions can be modified to include exceptions for contact via text/phone or in public place. This generally depends on the severity of the alleged offence, the complainant’s wishes to relax conditions and the accused’s prior record. This process requires discussions with Crown counsel and filing an application in court. It involves multiple legal steps such as drafting and filing an application, scheduling a hearing date, and appearing in court to address the matter so the variation is granted as discussed with Crown.
The correct application form must be used to start the variation process, and it depends on how the accused was released. If an incorrect form is used, the applicant risks getting rejected by the court registry.
Matters can become more complicated if the Crown is not consenting to a variation of release order. This may include filing necessary case law to support our argument, appearing in court with the applicant to argue in favour of granting a variation order.
The court process of an application to scheduling dates and strategic discussions with the Crown counsel are legal intensive tasks. It is important to not divulge too much into details of the alleged offence or it could ruin any defence the accused may have. The applicant must only provide relevant information with respect to the application to vary a condition. This can get tricky and involving a lawyer at early stages can help ensure your rights are protected.
Understanding No-Contact Orders
No-contact orders are typically imposed to protect the complainant and prevent further incidents. In many assault cases, both parties may want to reconcile without police interference. However, the no contact conditions can make it difficult to do so.
Can the Complainant Remove a No-Contact Order?
No, the complainant (victim) cannot lift the order—only the court has the authority to do so. To legally modify or remove the order, the accused must follow the proper court application process.
The Consequences of Breaching a No-Contact Order
Violating a no-contact order is a criminal offense in Canada and can lead to serious legal consequences, including additional charges. That’s why it’s crucial to follow the proper legal process to have the order removed or varied to avoid being charged.
Get Legal Help to Remove a No-Contact Order
If you need assistance with a no-contact order, consulting a criminal lawyer can help you navigate the legal system effectively. A lawyer can negotiate with the Crown, file the necessary paperwork, and represent you in court.
For legal advice on no-contact orders, contact an experienced criminal defence lawyer today.