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Indirect Contact Domestic violence probation.

Portland, OR |

I was charged with domestic assault and received a probation order to not have any contact with the victim. I recently wrote in a private e-mail to the daughter apologizing directly to the daughter for my behavior. There was no mention of the mother, no instruction to tell her mom anything. just a quick convo between the daughter and I. Would this be considered indirect contact ????

Attorney Answers 3


  1. I assume that by "the daughter," you mean, the daughter of the crime victim with whom you were ordered to have no contact. It's impossible to know for sure what a court order requires without seeing the actual paperwork, but my guess is that this could be argued either way. A no-contact order can't prohibit you from contacting anyone who's at all connected to the crime victim - that could eventually be deemed to include everyone in the entire world. But on the other hand, a court might see this as an attempt to have third-party contact, even if you didn't say so explicitly. (Which raises the question, if you are concerned that this might have been a violation of the court order, which could send you to jail, why did you do that? Why only ask for advice after the fact, when it won't do any good?) I hope you made it clear to the daughter that you did not want her to say anything to her mother on your behalf.

    If you're charged with a crime, you need to consult with an attorney in private. You have the right to be appointed an attorney, at taxpayer expense, if you can't afford one. Your safest bet is to take your concerns to them.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin<br> Bodzin Donnelly Mockrin & Slavin, LLP<br> 2029 SE Jefferson Street, Suite 101, Milwaukie, OR 97222<br> <br> Telephone: 503-227-0965<br> Facsimile: 503-345-0926<br> Email: jay@bodzindonnelly.com<br> Online: www.bodzindonnelly.com


  2. Given your comment it is indirect contact and a violation of your court order.

    Because I was recently congratulated by an Avvo questioner for having the courage not to use a disclaimer, let me make it clear that I have always answered questions subject to the Avvo general disclaimer. The answers I give are for educational purposes and not to be relied upon for legal advice. No attorney-client relationship is intended or established by virtue of these answers.


  3. From your question it's clear your intention was to contact your daughter, not violate the restraining order. The problem is if the victim learns of that contact, and if the language of the court order is unclear on daughter contact, you could get snared in a dispute where courts regularly side with the victim, and don't have much time for long explanations from you. Unlike you, a lawyer can call the victim and try to work out terms laying out who you can and cannot contact and under which circumstances. The go to court and get it modified.

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