Can a No Contact Order Due to Criminal Charges Be Placed on Husband and Wife

[Melissa_Ann]

My question involves criminal law for the state of: Kentucky

My husband and I were convicted as co-defendants in a drug trafficking charge nearly a year ago. At the time of final sentencing a no contact order was supposedly placed on us. At the time I was angry with my husband and was fine with the order, however more recently I have began to feel that we have both been rehabilitated enough to again have contact and maybe even save our marriage. Is this no contact order truly legal since we are married and have been for several years, and since we have 3 children together? And if it is how can I go about having it lifted so I can see him at Christmas?

[LawResearcherMissy]

Is this no contact order truly legal since we are married and have been for several years, and since we have 3 children together?

Yep. And such orders are not uncommon, either.

And if it is how can I go about having it lifted so I can see him at Christmas?

Consult with a local attorney. S/he will be able to advise you how best to be able to convince a judge to lift the order.

[viol8te]

You need to be mindful of the fact that a subsequent arrest for any domestics will cause more issues after you have an OOP dropped. If you have it dropped and there is another incident, then child protective services can step in and investigate whether or not they are in harm's way. If they determine that there is an issue, then they can take the kids citing failure to protect.

Make sure you guys are ready before you step in front of the judge.

[aardvarc]

But of course making sure you're ready means that you'll have had contact, so effectively you'd be stepping in front of a judge to notify the court that the order has already been violated (likely on numerous occasions). When the person with the order against them says to the judge "well we've been in violation of the court's order often enough to think that it should be dropped", that's pretty much ASKING to be arrested for the violation. If the violation is protecting you, then you and ONLY you (with the aid of your attorney) should be petitioning the court, unless he WANTS to go to jail.