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Violating no contact order

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manzanita

New member
I was sentenced to 12 months for domestic violence crimes (criminal threatening and criminal mischief) that involved my wife. The sentencing order stated I was not to have any contact with her with 12 months suspended. Right before I got out out of jail she wrote me a letter suggesting reconciliation... i love you and hope you can forgive me... and then a week before i got out we had a hearing regarding divorce. She submitted motion to withdraw the divorce and no contact petition at family court and also submitted motion the superior court to remove the no contact stipulation of my sentence. I agreed to her motions so the the family court judge approves the motions withdrawing the divorce and no contact order but superior court judge sets a date for a hearing which was supposed to happen on 1/17/2020 but they rescheduled the hearing till 4/28/2020 due to covid-19. However, on 3/18/2020 my wife calls up the court and says I have been contacting her and pressuring her to remove the no contact order. It is true that we have communicated regularly and she even came to my home to have sex. Also worth noting is that while i was in jail she was a drug addict and DCYF took the kids who are now in foster homes. I have been everything part of the reunification plan to get my gets back but she is not. Prior to the hearing on 1/17/2020 i told my wife that I didn't feel good about removing the no contact or because they (My counselor and DCYF0 tell me that she will not get the kids back and if I am with her i wont get the kids back either. So the prosecutor filed a motion to impose the suspended sentence (1 yr). So now on 4/28/2020 I have a hearing to remove the no contact order but at the same time deal with the motion for imposition of sentence. Any advice would be appreciated. Would the judge simply impose the 1 year sentence for violating the no contact.?
 


Just Blue

Senior Member
I was sentenced to 12 months for domestic violence crimes (criminal threatening and criminal mischief) that involved my wife. The sentencing order stated I was not to have any contact with her with 12 months suspended. Right before I got out out of jail she wrote me a letter suggesting reconciliation... i love you and hope you can forgive me... and then a week before i got out we had a hearing regarding divorce. She submitted motion to withdraw the divorce and no contact petition at family court and also submitted motion the superior court to remove the no contact stipulation of my sentence. I agreed to her motions so the the family court judge approves the motions withdrawing the divorce and no contact order but superior court judge sets a date for a hearing which was supposed to happen on 1/17/2020 but they rescheduled the hearing till 4/28/2020 due to covid-19. However, on 3/18/2020 my wife calls up the court and says I have been contacting her and pressuring her to remove the no contact order. It is true that we have communicated regularly and she even came to my home to have sex. Also worth noting is that while i was in jail she was a drug addict and DCYF took the kids who are now in foster homes. I have been everything part of the reunification plan to get my gets back but she is not. Prior to the hearing on 1/17/2020 i told my wife that I didn't feel good about removing the no contact or because they (My counselor and DCYF0 tell me that she will not get the kids back and if I am with her i wont get the kids back either. So the prosecutor filed a motion to impose the suspended sentence (1 yr). So now on 4/28/2020 I have a hearing to remove the no contact order but at the same time deal with the motion for imposition of sentence. Any advice would be appreciated. Would the judge simply impose the 1 year sentence for violating the no contact.?
What state?
 

CdwJava

Senior Member
The problem is that you knowingly and intentionally violated a no contact order that was still in place. Regardless of whether or not the protected party said it was fine and went along with it, you still violated a court order. These situations place ALL the power in the hands of the protected party. I have seen cases where the restrained party went back into the relationship and months later ended up going to jail because they argued over the TV remote and she called the cops. He went to jail for violating the order, and she got to watch Survivor.

If you have not already engaged one, speak with an attorney ASAP. You need help trying to mitigate this. And, DO NOT CONTACT THE WOMAN AGAIN!
 

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