my brother and his now ex have a 2 month old together they just recently got into a fight and my brother was arrested because she held her down because she was hitting him. she has a no contact against him but she just broke it by sending a facebook message to him. What is going to happen, will she get arrested and will he be able to have the baby until this goes to court or what?
Divorce / Separation Lawyer
If he has the no contact as a condition of bond from his arrest, then she isn't the one who can get charged with bail jumping! if he hasn't already done so, he needs to file a paternity action immediately because unless he has been adjudicated the father, mom has sole legal custody and placement.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
Family Law Attorney
If she filed a restraining order against him, then he has a no contact, she doesn't.
Technically she can talk to him all she wants. He can just not respond back.
I tell my clients that are under a TRO to not respond, and if she continues then they should file a Harassment Restraining order again her.
WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.
Criminal Defense Attorney
The no contact only prevents your brother from having contact with her, not the other way around. Make sure that your brother doesn't contact her, no matter the situation. If he does, the prosecutor may file another charge, bail jumping, against your brother.
Your brother needs representation because the ramifications of the criminal case will spill over into the custody battle that is sure to come. In fact, there is a presumption that will be working against him if he is convicted of a charge carrying a domestic abuse identifier (any charge will carry that identifier because of their dating relationship). That presumption works against the perceived aggressor (whomever is convicted of a crime as a domestic abuse violation).
Any conviction won't keep him from seeing the child, but it will make the fight for custody rights an uphill one for him.