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WA criminal defense, violation of no contact order, priors for assault

Asked over 3 years ago - Kirkland, WA

my boyfriend just got out of jail a month ago severving time for assault 3, 2 days agohe was driving with me and got pull over, and was arrested for violatng a no contact order is this going to be a felony case and he is going back to serve time, he has bee n takin d.v clases and evrything he was told for 2wks whats going to happen to him

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he is a good guy and i would like to help him i have been trying to take the no contact order off but they refusing to do so i love this guy and i cant stand me and him being apart please help me with some ideas should i go to court talk to the judge as well, will that help

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Attorney answers (2)

David Carl Beyersdorf

Reputation Level 13

Answered over 3 years ago. Personal Injury Lawyer in Fresno, CA.

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It sounds from your question like your boyfriend was serving time for an assault on you, and the no-contact order is a one of the consequences of that. Whether it can be lifted is often determined, in part, on the severity of the underlying assault. In the case of a very minor incident, a judge might be more willing to lift an NCO that he or she would be in the case of an assault with major harm done. Also, a judge might take into consideration any unique circumstances that would make it necessary for the two of you to have contact with eachother. The judge will also CONSIDER your wishes, although this will not be the only consideration.

You should contact your boyfriend's attorney and let him or her know that you do not want the no contact order. Whether he has a private attorney or a public defender, either will have the ability to make a motion to the court requesting that the no contact order be lifted. Remember that your boyfriend's attorner represents HIM and not YOU. Your boyfriend's interests, and not yours, will be their main concern. DO NOT HAVE FURTHER CONTACT WITH YOUR BOYFRIEND UNTIL THIS IS LIFTED. Your love for him could contribute to his getting in deeper and deeper trouble. Good Luck.

David C. Beyersdorf
LEE & BEYERSDORF, LLP
2110 North Winery Avenue, Suite #101
Fresno, CA 93703
(559) 252-7000
WWW.FRESNOLEGAL.NET

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John M. Kaman

Reputation Level 20

Answered over 3 years ago. Domestic Violence Lawyer in San Francisco, CA.

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Yes, if he has a NCO and you are the protected person, the order means what it says. No contact. He's violated the order but it does not sound like the kind of violation that will raise this case to felony level. Some judges take into account your wishes; others do not. It doesn't hurt to go to court and ask. Note: don't go with your boyfriend. Take separate cars as going together is also a violation of the NCO. In many courts the judge will ask how you got to court.

www.kamanlaw.com

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