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No contact order

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Bootzie

New member
What is the name of your state? Nebraska
Ok hear it is.. my wife went to my mom's house and broke some of her windows. Then my mom añd sister confronted my wife at my in-laws house and things got physical between my sister and my wife.. my mom drove to my house and called the cops. My wife was charged with destruction of property and assult on my sister. There Is a no contact order now. But would I be on it considering I wasn't involved?
 

quincy

Senior Member
Ok hear it is.. my wife went to my mom's house and broke some of her windows. Then my mom añd sister confronted my wife at my in-laws house and things got physical between my sister and my wife.. my mom drove to my house and called the cops. My wife was charged with destruction of property and assult on my sister. There Is a no contact order now. But would I be on it considering I wasn't involved?
A no contact order is issued against a defendant. However, if the no contact order includes a "no contact through third party" condition, that means your wife cannot communicate with your sister and mom through you.

Because your wife can be arrested and charged with another crime for violating the no contact order, both you and your wife would be smart to avoid all contact with your mom and sister until you learn the terms of the order.
 
A no contact order is directed only at the individuals named "Defendant" in the document. So if you were not named a "Defendant" the order does not apply to you. However, it is a crime to act as a "proxy" on behalf of an individual subject to a Protective Order. (which would constitute conspiracy to violate a protective order or no-contact order) This means that you can't communicate with the Plaintiff on behalf of the Defendant, unless you happen to be the Defendant's attorney or are otherwise acting for an official government purpose, such as acting as an executor of an estate for example.
 

quincy

Senior Member
A no contact order is directed only at the individuals named "Defendant" in the document. So if you were not named a "Defendant" the order does not apply to you. However, it is a crime to act as a "proxy" on behalf of an individual subject to a Protective Order. (which would constitute conspiracy to violate a protective order or no-contact order) This means that you can't communicate with the Plaintiff on behalf of the Defendant, unless you happen to be the Defendant's attorney or are otherwise acting for an official government purpose, such as acting as an executor of an estate for example.
"Conspiracy to violate a protective order?"
 

not2cleverRed

Obvious Observer
A no contact order is directed only at the individuals named "Defendant" in the document. So if you were not named a "Defendant" the order does not apply to you. However, it is a crime to act as a "proxy" on behalf of an individual subject to a Protective Order. (which would constitute conspiracy to violate a protective order or no-contact order) This means that you can't communicate with the Plaintiff on behalf of the Defendant, unless you happen to be the Defendant's attorney or are otherwise acting for an official government purpose, such as acting as an executor of an estate for example.
Quincy addressed this more thoroughly and succinctly than you.

Observation: regardless of what the order says, Bootzie would do best to stay out of the conflict. The easiest way to do this, if Bootzie wants to stay married, is to have no contact with Mom and Sis.
 

Bootzie

New member
A no contact order is issued against a defendant. However, if the no contact order includes a "no contact through third party" condition, that means your wife cannot communicate with your sister and mom through you.

Because your wife can be arrested and charged with another crime for violating the no contact order, both you and your wife would be smart to avoid all contact with your mom and sister until you learn the terms of the order.
But that's the issue I'm having. I haven't seen or spoken to my wife in ten days because she is so worried about violating it. According to her mom they told my wife she can't even contact me... But I wasn't even there when it all went down. Or at her arraignment so I don't know what the judge actually said. I guess my question is dose it make sense that she wouldn't be able to contact me?
 

justalayman

Senior Member
Unless you live at your mothers house or was somehow involved in the issue, I see no reason the nco would include you. It sounds like your wife is being wise and acting on the side of caution though if she believes for some reason she is restrained from contacting you. Some courts are extremely unforgiving regarding violating an nco.

Ask her mother for a copy of the nco.
 

quincy

Senior Member
But that's the issue I'm having. I haven't seen or spoken to my wife in ten days because she is so worried about violating it. According to her mom they told my wife she can't even contact me... But I wasn't even there when it all went down. Or at her arraignment so I don't know what the judge actually said. I guess my question is dose it make sense that she wouldn't be able to contact me?
You can contact the prosecutor's office to see a copy of the no contact order and learn how the order affects you.

I agree with justalayman that your wife could be afraid of violating the order in any way and is being extra cautious. Her attorney also might have advised that she have no contact with you to better prevent any inadvertent violation, this especially if the no contact order contains the "no contact through third party" condition.

A first offense violation of a no contact order can lead to your wife's arrest and a misdemeanor charge, subject to jail time and a fine.

Good luck.
 

Eekamouse

Senior Member
Ok hear it is.. my wife went to my mom's house and broke some of her windows. Then my mom añd sister confronted my wife at my in-laws house and things got physical between my sister and my wife.. my mom drove to my house and called the cops. My wife was charged with destruction of property and assult on my sister. There Is a no contact order now. But would I be on it considering I wasn't involved?
What is wrong with your wife that she would vandalize someone else's house? And then assault someone when confronted about what she did? She sounds like a total nutcase. You ought to be glad she isn't around. The next person she assaults could be you.
 

Zigner

Senior Member, Non-Attorney
...they told my wife she can't even contact me...
If "they" means the court, then your wife sounds like she knows whom she is restricted from contacting and is doing her best to comply. Frankly, her mom's communication with you (assuming you are actually listed on the order) can be construed as a violation by your wife.
 

justalayman

Senior Member
If "they" means the court, then your wife sounds like she knows whom she is restricted from contacting and is doing her best to comply. Frankly, her mom's communication with you (assuming you are actually listed on the order) can be construed as a violation by your wife.
It doesn’t sound like the mother in law was a conduit for discreet contact between the husband and wife. To me it sounds more like it was simply information the mil was aware of and provided that to the op.

Generally for their to be a violation the restrained party must intend for a communication from themselves be passed along to a party they are restrained from communicating with. I don’t see that in the information the op was provided by the mil.
 

Zigner

Senior Member, Non-Attorney
It doesn’t sound like the mother in law was a conduit for discreet contact between the husband and wife. To me it sounds more like it was simply information the mil was aware of and provided that to the op.

Generally for their to be a violation the restrained party must intend for a communication from themselves be passed along to a party they are restrained from communicating with. I don’t see that in the information the op was provided by the mil.
Fair enough.
 

quincy

Senior Member
It doesn’t sound like the mother in law was a conduit for discreet contact between the husband and wife. To me it sounds more like it was simply information the mil was aware of and provided that to the op.

Generally for their to be a violation the restrained party must intend for a communication from themselves be passed along to a party they are restrained from communicating with. I don’t see that in the information the op was provided by the mil.
I read it as you do, justalayman.

Bootzie's wife (and perhaps Bootzie) cannot contact Bootzie's mom or sister. The no contact order should not prevent Bootzie from communicating with his wife's mother.
 

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