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In Alabama, will a no contact order issue even if the victim no longer wants it or wants it withdrawn?

The first thing we need to do is define what we mean by a no-contact order.

In a criminal case, where someone has been arrested and put in jail, a judge may put conditions on that person's release from jail. Those conditions may include an order that the accused person is to have no contact with the alleged victim in the case. The judge can issue this order whether the victim wants it or not. So, in a criminal case, it's pretty clear that a judge can issue a no contact order even if the victim doesn't want it.

There are other kinds of judicial orders. One type of order that occurs frequently in situations of domestic violence is a Protection from Abuse Act order. Usually, the party who claims to be the victim of abuse is the one who seeks this order. But what happens if the person who sought this order changes their mind and wants the judge to withdraw it; must the judge do so? The answer is judges have discretion. If the judge believes someone is in danger, even if that person wants the order lifted, the judge may refuse to lift the order.

If you or someone you love is accused of a domestic violence crime and you want our help, just give us a call.