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  1. #1

    Default Spousal No Contact Order No Violence

    My question involves criminal law for the state of: Washington

    A friend was recently charged and jailed for Unauthorized Use of a Motor Vehicle, Controlled Substance, possession and nothing more. He was arrested while riding the bike due to a traffic stop.
    He was booked into the county jail.
    Upon his release he was informed that he was to have no contact with his spouse. That there was an order.
    Here's the thing, there has never been any kind of violence between the two, no problems like that whatsoever. The charges don't have anything to do with them as a couple. There is no known reason for the order. The only thing that makes sense is that the officer or DA wants to try and flip his wife and get her to testify against him or something.
    Is this legal?
    If you are a reasonable person and I can convince you, then a reasonable argument can be made.

  2. #2
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    Default Re: Spousal No Contact Order No Violence

    Quote Quoting LeftCoastRick
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    My question involves criminal law for the state of: Washington

    A friend was recently charged and jailed for Unauthorized Use of a Motor Vehicle, Controlled Substance, possession and nothing more. He was arrested while riding the bike due to a traffic stop.
    He was booked into the county jail.
    Upon his release he was informed that he was to have no contact with his spouse. That there was an order.
    Here's the thing, there has never been any kind of violence between the two, no problems like that whatsoever. The charges don't have anything to do with them as a couple. There is no known reason for the order. The only thing that makes sense is that the officer or DA wants to try and flip his wife and get her to testify against him or something.
    Is this legal?
    Yes, its legal, and its likely that there is something more to the story than what you have been told.

  3. #3

    Default Re: Spousal No Contact Order No Violence

    Quote Quoting llworking
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    Yes, its legal, and its likely that there is something more to the story than what you have been told.
    No. There is nothing more to it than that. The officer wants to flip the legally married wife
    If you are a reasonable person and I can convince you, then a reasonable argument can be made.

  4. #4
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    Default Re: Spousal No Contact Order No Violence

    Has he seen the order? If not, he or his attorney need to get ahold of it and challenge it if applicable.
    I am the Mouse Man

  5. #5
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    Default Re: Spousal No Contact Order No Violence

    Quote Quoting LeftCoastRick
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    Upon his release he was informed that he was to have no contact with his spouse. That there was an order.
    Informed by whom? An order issued by whom?


    Quote Quoting LeftCoastRick
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    There is no known reason for the order.
    Just because your friend doesn't know the reason doesn't mean there isn't a good reason (assuming an order actually exists, which is anything but certain based on what you've told us).


    Quote Quoting LeftCoastRick
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    Is this legal?
    No way to know based on the scant information provided.


    Quote Quoting LeftCoastRick
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    Quote Quoting llworking
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    Yes, its legal, and its likely that there is something more to the story than what you have been told.
    No. There is nothing more to it than that.
    You obviously have no way of knowing that, and there are at least a few things more than what you have been told (as indicated by the questions I asked).


    Quote Quoting LeftCoastRick
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    The officer wants to flip the legally married wife
    At 7:15 p.m. last night, when you made your original post, you wrote, "The only thing that makes sense is that the officer or DA wants to try and flip his wife and get her to testify against him or something." Then, less than an hour later, you substantially narrowed that statement to one that absolutely certain. What happened in the 58 minutes between your posts that caused the change?

  6. #6

    Default Re: Spousal No Contact Order No Violence

    I spoke with the friend of mine.
    He told me that the reason the order was there was because the officer wanted to get his wife to testify against him for "something."
    See, it's like this.
    The guy used to run a tattoo parlor. He's got lots of long hair, lots of tattoos, and obviously is on the wrong side of the law occasionally. (Not my place to judge, just a few years ago posession of pot was a felony)
    So, as one would figure, the law wants to put him away for a while. Fine. He knows the risks, he was apparently willing to take the risks. THAT said, when playing the game, the law side is supposed to follow the rules. And there is no reason that there should be a no contact order on this couple. Messing with a marriage and separating a family only to put pressure on a suspect doesn't seem like fair play. Especially since the wife is covered by spousal privilege and would be completely unwilling to testify anyway. (No she's not secretly working with the cops.)
    So again. Is this legal?

  7. #7
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    Default Re: Spousal No Contact Order No Violence

    Quote Quoting LeftCoastRick
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    So again. Is this legal?
    Yes, it's legal.

    I don't know the reason and I don't care to speculate. You certainly don't know the reason but I guarantee that there is one.

  8. #8
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    Default Re: Spousal No Contact Order No Violence

    Quote Quoting LeftCoastRick
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    I spoke with the friend of mine.
    He told me that the reason the order was there was because the officer wanted to get his wife to testify against him for "something."
    Is this the same friend who was charged or someone else? If it was someone else, how is that person a reliable source of information about something like this on a Sunday evening?


    Quote Quoting LeftCoastRick
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    there is no reason that there should be a no contact order on this couple. . . .
    So again. Is this legal?
    And again, we have no way of knowing because nothing you have posted indicates an order actually exists. All you've told us is that a cop told him an order exists. Just because the cop told him this doesn't make it true. Your friend should discuss this with his defense attorney, but unless the order was issued in his presence in open court or he has been served with a written copy of an order, it's likely there is no enforceable order. A copy telling him that there's an order doesn't make for an enforceable order.

  9. #9
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    Default Re: Spousal No Contact Order No Violence

    Quote Quoting LeftCoastRick
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    I spoke with the friend of mine. He told me that the reason the order was there was because the officer wanted to get his wife to testify against him for "something."
    Keep in mind that when anyone tells a story about themselves, especially when they want sympathy, they tend to tell the story in a way that puts them in the best light. They also commonly leave out key information, or stretch it to make themselves look better. This is just human nature. There could also be things at play that he is not aware of. It is not common practice for law enforcement to notify the suspect of a criminal investigation all the important details about their case. It is quite likely that your friend has no idea what evidence they actual have.

    Quote Quoting LeftCoastRick
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    He's got lots of long hair, lots of tattoos, and obviously is on the wrong side of the law occasionally.
    So by your own words your friend is "obviously on the wrong side of the law." What makes you think that he will tell you the whole, unfiltered, story? Making himself look bad instead of garnering sympathy? And as I stated law enforcement might have more evidence then your friend is aware they posses.

    Quote Quoting LeftCoastRick
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    THAT said, when playing the game, the law side is supposed to follow the rules.
    Are you suggesting that they are doing something illegal? So far you have offered no evidence whatsoever that they are not "following the rules."

    Quote Quoting LeftCoastRick
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    And there is no reason that there should be a no contact order on this couple. Messing with a marriage and separating a family only to put pressure on a suspect doesn't seem like fair play.
    Once again how are you privy to this information? Based on the word of your friend who is the subject of a criminal investigation and that you admit is a criminal? You have no idea what evidence law enforcement does or does not have. If there was a no contact order issued by the court then a judge is agreeing with the officers in this case. Are you claiming that the judge is also in on this conspiracy to frame your friend and ruin his marriage?

    Quote Quoting LeftCoastRick
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    Messing with a marriage and separating a family only to put pressure on a suspect doesn't seem like fair play. Especially since the wife is covered by spousal privilege and would be completely unwilling to testify anyway. (No she's not secretly working with the cops.)
    Once again if a court order was issued then a judge would have to sign it. And the prosecutor would be aware what spousal privilege covers and wouldn't waste his time going down a road that would ultimately end in nothing. Also, spousal privilege is not absolute and there are exceptions to it.

    Quote Quoting LeftCoastRick
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    So again. Is this legal?
    So far you haven't presented anything that appears to be overtly illegal. You haven't presented anything showing that there is in fact an actual no contact order. My suggestion would be to allow your friend to handle this situation. While his spouse may not have to testify about their conversations, you would have to if they subpoenaed you. And if it looks like your helping him get away with illegal activity that could make you a co-conspirator. He needs an attorney, not someone airing his issues online.

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