Violating the No Contact Order
Interviewer: Do you find that many of the clients that you work with tend to violate the no contact order either intentionally or unintentionally?
Adam: Actually it happens probably more often than not, and sometimes it’s mutual, sometimes the alleged victim wants the contact and actually initiates the contact. Sometimes you just have someone that can’t let go, as far as the defendant and pursues things beyond what they should.
Interviewer: What happens if the victim initiates contact and the accused contacts them back? Is that considered violating the order because the victim initiated it?
Adam: Part of this can depend on what happened, and part of it’s going to depend, again, on who the judge is, what court you’re in. A lot of times I see a father just trying to pick up his kids and see his kids, and there’s some judges that won’t hold that against the father.
Does a No Contact Order Against One Parent Prohibit Their Contact with Their Children Also?
Interviewer: If you have a wife and children and you’re accused of domestic violence against your wife does the no contact order extend to your children or just for your wife?
Adam: I believe it’s going to be indirectly extending to your children, because you’re going to have no way to contact your wife to get visitation. You can’t contact the alleged victim even indirectly through another party.
You can contact them through an attorney, such as myself and the difference is because at that point in time the alleged victim has no other relationship with me except for being a witness.
Unintentionally Violating the No Contact Order
Interviewer: So do people unintentionally violate their no contact order? Is even a text message or a Facebook contact considered a violation?
Any Electronic Communication Is a Violation of the No Contact Order
Adam: Yes, any kind of communication at that point in time whether it’s electronic text message or email is still considered a violation.
Interviewer: Do the courts rely on the victims to let them know if they’ve been contacted, or do the courts monitor people that are accused to make sure that no one violates their no contact order?
Adam: They tend to rely on the victim more often than not they don’t have the resources to monitor everybody that has been accused of the crime of domestic violence.
Interviewer: Are you are saying the legal system doesn’t have enough resources?
Adam: No, they wouldn’t typically do that. The only scenario that is even close is in a felony charge the defendant might have electronic home monitoring or is placed under house arrest.
Interviewer: Have you dealt with any multiple offenders or do you deal mostly with first time offenders?
By Adam Hunt