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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Question Can a "Victim" Get in Trouble for Breaking a No Contact Provision

    My question involves restraining orders in the State of: Michigan


    Hi all,

    Here's my question. After I posted bond, a condition of my pre-trial release included a "no contact provision". While I have no intention of contacting the victim, I'm wondering what would happen if he contacted me. I know that I can get in trouble for talking to him, but can he get in trouble for trying to initiate contact (even if I don't answer the door or talk to him)?

    Also (not sure if this is relevant or not), earlier in the year, he was arrested for DV and was able to get a delay of sentence. The "no contact provision" against him was lifted a few months ago, but he's still on probation. Does this have any bearing on anything, since it's a seperate incident?

    Thanks in advance.

  2. #2

    Default Re: Can a "Victim" Get in Trouble for Breaking a No Contact Provision

    The victim isn't bound by the court's order against you. However, you need to be keenly aware that it's not uncommon for victims to attempt to contact the person with the order (you) in order to try to nail them for violating the order. If there is an attempt at contact, you need to do everything in your power to NOT play along. If you can document any attempts at contact, you'll want to save these for when you go to court, and ask the court to drop the order on the grounds that he's TRYING to contact you. If he shows up at your door, you're right, don't answer it - call police and ask them to issue a trespass warning.

    Short of that, the only one who will face problems will be you. If the order against him was lifted months ago, he's free and clear. Unless he commits some crime or violates some term specifically spelled out under his probation, he's got no worries.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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