Conditions of release for false imprisonment case. NO CONTACT between parties. Victim has broken this condition and made initial contact and has stayed in contact via multiple avenues such as phone, text, social networking, vid-cam. The victim is now threatening to use recorded conversations against defendant to send the defendant to prison. what happens to both parties?The order states the defendant is to have no contact with the victim. Probation officer stated that the victim is also to have no contact with defendant and for the defendant to inform if contact was attempted or has been made. Sent a letter informing the victim of this stipulation. The reconciliation has gone sour or is creating a problem for the victim. The victim is now using recorded arguments as leverage.
Usually the defendant is the one the court orders to stay away. Are you sure the order says that? The court has jurisdiction over the criminal defendant not the victims. However if the victim Is aware of the court order and interferes with it, it is possible the court could issue a contempt order. I have never seen that ever happen though.
Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at [email protected] and put AVVO in the subject line.
Make absolutely no contact whatsoever, either directly or indirectly, with the victim. You could be charged with another crime. Keep evidence that the victim contacted you at hand. Make a log of all attempts to contact you. Get an attorney on this now.
The judge ordered the defendant to have no contact with the victim. It does not matter what the probation officers says. The judge has no jurisdiction to give orders to the alleged victim. Even if the alleged victim initiates contact, the D will be in trouble if he or she responds to the alleged victim overtures. No contact means exactly that. D may already be in trouble. The judge cannot send D to jail for violation of the no contact order, but he or she can revoke the bond and put D back in jail. Nothing will happen to the alleged victim. Hopefully, D will have a judge that is sympathetic to the games some "victims" play.
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