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  1. #1

    Thumbs down No-Contact Order Violation Between Husband and Wife

    My question involves criminal law for the state of: Washington state

    My husband and I had a rough start to our marriage but we have been committed to it and have attended counseling. Late September 2010, we had a loud argument and the police were called. I was very upset, my chest was blotchy red due to anxiety and crying, because I felt that my husband was being verbally abusive and I did not know what to do other than call the police; I couldn't calm him down.

    Before the police drove my husband away, they asked if I wanted an NCO put into place. I had no idea what that meant, I pictured him calling me from the police station telling me how upset he was so I went ahead and agreed to an NCO. I never knew how much this would mess up my life.

    Since then I have been trying to remove the NCO. But, my husband plead not guilty and therefore it was sent to trial. Since I am the witness they do not want us to contact each other.

    Last Saturday my husband and I broke the NCO by being in the car together. A cop stopped us because my bike rack was obstructing my tags and then arrested my husband. An hour later the cop called me and said he would post a $500 bail and he would not notify the judge. Four hours later I was able to come up with the money, drove to the police station and paid. They told me to hurry along because my husband would be released soon. This was not true. They did not let him go. When the cop called about the bail, my husband asked if he could call me to help me figure out the money situation. After he hung up, they slapped two more violations on his record increasing his bail to $1500. I am very frustrated that they allowed him to call, he was flustered and wasn't thinking straight, just to turn around and add another violation. AND they didn't tell me when I drove to bail him out!

    I went to the clerks office the following Monday to petition the court to modify or remove the NCO. I was not allowed to do this. They told me that I am not allowed to petition the court anymore!

    Today a Domestic Violence advocate called to offer counseling which I agreed to. I told her a little about my story, that my husband has verbal issues but that he does not hurt me physically and I do not wish to have this NCO in place. She said that I will never be able to drop the NCO and the judge will not drop it. I told her that this means that the court is basically telling us to divorce. She said no. But how can a couple be married if they are not allowed to see eachother?!

    I have two daughters. I want my husband back. This is crazy that they are not allowing us to be together. He did not hurt me. What should I do?????


  2. #2

    Default Re: No-Contact Order and No-Contact Order Violation Between Husband and Wife

    You can do TWO things:

    1) STOP contacting him, or allowing him to contact you. Every time it happens he's facing additional charges, longer jail time, additional fines, pissing the judge off, and making things even WORSE (and yes, they most certainly CAN get worse from here). It also increases the possibility for the judge to slap that order into perminent status. The court really isn't kidding when it says NO CONTACT - and it can and will escalate measures to ensure that it's orders are followed, even if that means putting him behind bars for contempt.

    2) He needs an attorney. Immediately, if not sooner. Until the criminal cases (the original, plus the additional charges for violating the NCO) are completed, the judge isn't going to lift the order. The violations of the order don't just go on a record. They are considered new charges to be addressed during the criminal case already pending. The very fact that the order has been violated, and more than once, only tells the court more strongly than ever that it needs to be in place. Court orders aren't suggestions, they are orders, and the court isn't interested in the reasons why the order was violated, or who was or wasn't thinking clearly. Because of the multiple violations, against both the subject of the order, and the fact that you're a witness (which could be even MORE criminal charges), he's already behind the legal 8 ball, so to speak. He needs to be speaking to a criminal defense attorney ASAP.

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