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Capias for Violating No Contact Order

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BSMOOVE22

Junior Member
What is the name of your state? De

Here's my situatiuon,

One night after playing poker at a neighbors's house me and my fiance got into an arguement. i had just won $200 and she decided not to give it to me so she was walking up the steps to go home when i asked her to give me the money and she refused. while walking up the stairs I grabeed her arm not forcefully and asked her again, she gave me the money with an attitude and went home. I let her cool off for awhile and then came home but she locked all the doors. She wouldn't open any of the doors so i decided to call the cops to let me in the house. Two cops arrived at my house shortly after the call and i toild them the same story. They had me wait outside of my house to then speak with my fiance. She told them the same story as me but decided they said I had offensively touched her. She said that i didn't hurt her and I could come in the house but not to sleep in the same bed withe her, but they weren't hearing any of that. anyways I got arrested for offensive touching and the judge gave me an unsecured bail of $250 and issued a no contact order. I thought this was all bull****. So the next week for my arraignment I pleaded not guilty to the offensive touching which was last wednesday the 31st.

I have been living in the house so I have been violating the no contact order. It was both agreeable to me and my fiance because the whole thing was really blown out of proportion. i know that is still not ok but I was hoping to get through this without any other situations but thats not the case. Ok so yesterday her 10 year old son gets into a fight with a boy after school, he gets a bruise on his nose and under his eye, also a bruise on his lower back. He goes to school today and they notice the marks on him, he doesn't explain anything to the nurse so by law social services has to be notified. My fiance was called at home and was told the situation and they had to come with the police to ask her a few questions. Anyways her son was aksed who lived at the house and he told them my mom her boyfriend, do i have to go any further. So when they asked her she told the truth and said yes i was living there. they told her that we violated the no contact order and I was going to get a capias. i didn't turn myself in yet . My initial court date for the offensive touching is next thursday. I don't know if I turn myself in they will keep incarcerate me till next thursday for the trial or will they give me a bond whether it is being unsecured or secured. if someone could give me any info on what might happen and what i should do I greatly appreciate it.thx

Brian WooldridgeWhat is the name of your state?
 


CdwJava

Senior Member
BSMOOVE22 said:
She told them the same story as me but decided they said I had offensively touched her. She said that i didn't hurt herp
If you had hurt her it would have been a different charge. Instead, you were charged with "offensive touching" which must be the same as battery in my state.

All that is requires is that you intentionally touch, grab, push or shove someone against their will. You're lucky, if the cops wanted to be really creative you could have been pinched for robbery (the taking of money by force or fear) - it may not have gone anywhere, but you likely wouldn't have made bail that night.

I have been living in the house so I have been violating the no contact order. It was both agreeable to me and my fiance because the whole thing was really blown out of proportion.
Sadly for the two of you, only the judge's opinion counts. Unless the order said it could be violated if your girlfriendsaid it was okay, then you are guilty of the violation.

I don't know if I turn myself in they will keep incarcerate me till next thursday for the trial or will they give me a bond whether it is being unsecured or secured.
Your best bet is to speak to an attorney. This situation has just gone from bad to worse. Since apparently you can't seem to heed the judge's order, don't expect a kind shoulder from the judge.

You need an attorney. With an attorney you might be able to get out of this without significant jail time.

- Carl
 

BSMOOVE22

Junior Member
My concern is if I do turn myself in will they wait and incarerate me till my trial date since it is still active and set for next thursday or will the judge give me a bail/sentence then and there?
thx
 

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