Question on No Contact Order

[InternetAngel]

What is the name of your state? North Dakota

hello everyone. Long time no see here at the forum.

I have a question today I have been searching for all over the web and have found no answers. I am hoping someone here can be of assistance to me. I would really appreciate it.

My girlfriend was charged and plead guilty to Disorderly Conduct for fighting with an another woman last August. As condition of her probation, there was a No Contact Order issued, where she wasnt allowed to have any contact with this other lady.

A few weeks ago we were in our local WalMart and this lady came around the corner with her husband and the husband started in yelling and ranting and raving at my girlfriend, made a few threatening comments and followed us around the corner.His wife ,the one she isnt suppose to have any contact with stated to her she had a No Contact Order against her so she just needed to move on, after calling names and making other comments about our children. I told them you cant have a no contact order against someone and then antagonize them into a confrontation. The lady yelled she had the order so my g/f would just have to take what she said and say nothing in return. I then called the Police to request their assistance in the matter because of her husbands comments.

Now, my g/f was served a summons for Disobedience of a Judicial Order for the incident in Walmart, where I know they are going to insist inposing jail time.

Here's what I need to know. If you have a No Contact Order against someone, do you have to right to confront them and start an altercation and then have charges brought against them for saying anything in return. Especially since this lady's husband acted in a threatening manner.
Again, any information would be helpful.
Thanks in advance. Sorry it was so long.
InternetAngelWhat is the name of your state?

 

[CdwJava]

Anything is possible. It is possible she will be charged with violating the order ... it is also possible that the DA (or later, the judge) will see this as frivolous as the protected party would SEEM to have started it.

However, what did the witnesses have to say? Did people at the store say that your girlfriend gave as good as she got? Did they say she kept her yap shut and immediately left the store?

The devil is in the details.

Given that incident, maybe you should consider obtaining a restraining order on behalf of you and your family against this other woman and her hubby. That might keep them from lipping off to you.

- Carl

 

[InternetAngel]

I did apply for a restraining order and it was denied because the judge said it was a 'he said, she said' ordeal. I called Walmart for the surveillance tapes of the incident. They said they would turn them over to the Police or DA when requested. It clearly will show that this other party started it. No witnesses have come forward from that day. However let me point out this other woman knows she has a No Contact Order and has claimed in court she is terrified of my g/f because of their Disorderly Conduct case..yet I am the one that called the Police, she states in her affidavit that after the incident she turned the corner and had a casual chat with a Walmart employee about the upcoming 4th of July events.
Now it would seem to me, and you can call me crazy if need be, that if I was scared to death of someone and they approached me, and I had a no contact order, I would be in the phone with the police right away to have them enforce it. NOT talking to someone about a parade.
I hope I am even making sense at this point*lol*
Thanks for your response Carl.

 

[Ozark_Sophist]

If a person is the subject of a restraining or no contact order, it is their responsibility to avoid contact even if approached or called by the other party. In this situtation, your friend should have not said anything, turned around immediately, and left the store.

So, instead of talking to an employee about a parade, the other party should have been intimidated by the presence of her abuser?

 

[InternetAngel]

Abuser?*lol*Hardly.
And my point was, that she 'claims' everytime she even thinks about my g/f she has panic attacks. So then she runs into us and there in an altercation and she wants to talk about a parade?
You cant have it both ways. You cant go to a judge and say I have nightmares and panic attacks and am deathly scared of someone and then call them c*nt and b*tch and come at someone physically while talking sh*t about their kids, then talk about a parade not even thinking to call the Police. Yet when asked by the Police what happened, then cry and say how scared you are. Doesnt make for a credible person.

Anyway, we have the BEST attorney here in the state. He obliterated her on the stand last time. Was quite comical. The DA wanted jail time, our attorney got it reduced to just unsupervised probation...What goes around comes around.
Peace Out.....