I have a criminal case against me, the charges are theft by unlawful taking over $500 and receiving stolen property over $500. Both are felonies, part of the condition of my bond ( $10,000 property) is that I have no contact with the victim of the victims immediate family. My question is, can the condition of not speaking to the victims family keep me from speaking to my girlfriend if we are both willing to speak to each other (she is the daughter of the victim). My second question is, can we get married as a way around the court order or will that even make a difference in the matter. We currently live in Kentucky, I am facing 6 months in county jail and 5 years probation and the condition of not speaking to the victims or there immediate family will follow me all the way through my 5 years probation. Neither me or my girlfriend want to lose each other, we would like to continue our relationship. It is very important to us that we find a way to stay together, we obviously do not want to hide it for five years. We are in desperate need of finding a solution, we will do what ever it takes so any way we can find we would be interested in doing.
Yes the court can and can revoke your bond and probation for violating the order. If you want to see your girl, you need to get the order changed. Contact your attorney or hire one if you don’t already have one.
IU agree with my colleague. Hire an attorney and have him/her address the situation with a motion to the Court.
The court can restrain you from contact with the victim and the victim's family, whether you are married to the victim (or her family) or not. In fact, these type of protection orders are often used in domestic violence situations where both the accused and the victim are married. Furthermore, depending on the circumstances of the case, speaking with her could be construed as the attempt to influence or retaliate against a witness, another felony. It would be best if you could simply abide by the court's orders.
The answer I provided to you is based on general principles of law and should not be considered legal advice. This answer does not establish an attorney-client relationship, I am not your attorney and you are not my client. There is no substitute to speaking with a qualified attorney about this situation and I caution you not to take any action based solely on the answer here provided.
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