No Contact Order Questions

I was told that my fiance' went to a bond hearing (agg. assault & cruelty to children) & was told no contact between us. I was the victim in the assault incident. But it happened months ago. I no longer fear him. He turned himself in about a week ago. I was there with him when he did turn himself in. I would like to be able to write him & talk to him on the phone. I never asked for a no contact order. What can I do, if there is anything I can do?

Baxley, GA -

Attorney Answers (2)

Joshua G. Schiffer

Joshua G. Schiffer

Domestic Violence Lawyer - Atlanta, GA
Answered

You can do whatever you want, but your fiance is in deep, deep trouble if he violates the conditions of his bond. He can easily be charges with Aggravated Stalking, and held with no bond, if he violates his existing bond conditions.

What you need is a "bond amendment" for his "special conditions of bond" and that is generally done with a lawyer, or you can try to argue the issue yourself with the agency prosecuting your Fiance. Or HIS lawyer could assist you.

I will warn you, however, that the prosecutors are generally loath to change DV bonds due to the amount of domestic violence out there. It is a big boost if a lawyer (his or yours) handles the issue professionally rather than you calling the prosecutor yourself.

Good Luck!
Josh

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Marta Maria Noriega-Allen

Marta Maria Noriega-Allen

Divorce / Separation Lawyer - Roswell, GA
Answered

I agree with the attorney above and I would add that a major reason prosecutor's hate this issue is because of the nature of violent relationships. If you have not already sought professional counseling to process your relationship with your fiance and his violence towards you, I highly encourage you to do so. You can receive free counseling through many programs, one of which is Haven House. You can also contact the victim's advocate in the court where your fiance's case is being prosecuted. Even though you may no longer fear him, it may be because you have not had contact (or meaningful contact) and the cycle of emotional and/or physical violence has not been able to show itself. If you plan on having a long term relationship with him, you do both of you and any children involved a favor by seeking out counseling to seek out answers.

Even though you did not ask for a no contact order, it is the State that is now prosecuting the crime and the general public has an interest in protecting its citizens. This is a common question, and often victims of domestic violence feel responsible for involving police or the court system. That is why the court takes over the need for a protective order and does not leave it up to the victim.

This answer is for general purposes only and does not establish legal advice or an attorney-client relationship.

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