Fiance and I have a no contact imposed that we feel is for no reason!! Help!!
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Fiance and I have a no contact imposed that we feel is for no reason!! Help!!
We have had domestic incidents in the past.both plea bargained year ago.He guilty to misd.disorderly conduct, me to misd.bail bond jumping(they caught us in the same house).Also def.prosecution.He felony bailbond jumping, me disorderly conduct.both on probation for a year, almost done, and he was put in jail on probation hold,for not cooperating.then I was to.both did 60 days.new charges on him for felony bail jump on def.pros.plus new charges of criminal damage2property.Second charge from verbal argument we had, but no violence.I have never asked for even a 72 hour hold.Nocontact order now.
Asked on June 12, 2009 under Criminal Law, Wisconsin
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I'm sorry, but I don't think you're going anywhere on this. Please talk to an attorney in your area, for reliable advice based on all of the facts (which I don't have), and the law of your state. One place to find counsel is our website, http://attorneypages.com
Your next step would be to appeal the order. In an appeal, the court is usually three judges, and for the most part they accept the trial judge's findings of facts, especially where witness credibility is involved. The trial judge was there to see if there was eye contact, shifty body english, and so on, while the appeals judges just read the word-for-word transcript in black and white.
And the trial judge has a fair amount of lattitude, and the no-contact order was certainly within his power. So, an appellate court will only reverse that if it was "an abuse of discretion," basically meaning completely wrong, and that's rare. If there's anything of real weight in the record that supports the trial judge, the appeal will lose. I think that's your situation, because based on the prior record, wherever the two of you go together, trouble seems to follow. It sounds to me like it's time to try something different, for your own good.
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
without all the specifics as to circumstances of each charge it is hard to determine if this is a validly imposed order. From the sounds of it I would suggest it may be based on the continued connection between you both surrounding various charges. If you feel it is unfair and there is nothing that would have happened to possess such an imposition you may want to contact a local criminal attorney in your area
An attorney will be able to determine if this is a valid imposition based on the facts and circumstances of what is happening with you both. If it is worth fighting and you have a good chance than you can decide to pursue that. If you want to attempt it on your own you can make a motion to the court for the government to show cause as to why this no contact has been imposed. At least than you will have the opportunity to make your arguments. Call the clerks office they will usually walk you through how to make such a motion
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