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I'm a victim in a domestic violence case. It is a weekend and I need to let the defendent know about a problem with our daughter

Salida, CO |
Filed under: Domestic violence

Can I send him a email with the information. Should I wait and see a judge to modify. Or can I have a third party contact him?

Attorney Answers 2

  1. Only if this is truly an emergency should you consider any contact, direct or through another, with the defendant. You can lose your protections if you are not careful. Neither DAs or judges will treat a victim who can't stay away with very much sympathy.

    Do not make a direct contact. If he has an attorney, call the attorneys office. Even if you can't get through immediately, leave a message as to the nature of the problem. As the very last resort, you might contact a neutral extended family member or friend. But I really do discourage this. Most problems really can wait til Monday. Your question seems to imply that you would like your husband to do something over the weekend. This is more trouble just waiting to happen.

  2. The restraining order in a criminal case only prohibits the defendant from doing certain things. The standard order prohibits them from harassing, intimidating, retaliating against the victim or witnesses in a case, and it often times will prohibit all contact. The victim is not actually prohibited from doing anything, including having contact with the defendant (so long as there is not some other type of restraining order in place). So a one way conversation (i.e. an email) to let the Defendant know something important about your daughter should not be a problem. If he responds to you however, it would be a violation by him of the order, subjecting him to possible sanction.

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