Can I be charged with violating a no contact order after the order and the charges it was attached to have been dismissed?

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I am in a custody battle for my kids with my ex-girlfriend. I need to use video evidence of her breaking into my house while i was home on multiple occasions while there was a no contact order in place against me. I also need to tell the court about her drug overdose/suicide attempt that I took her to the hospital for while the no contact order was still in effect. Will the submission of this evidence allow the state to charge me for a violation even though the order has been dismissed?

Attorney Answers

3
Jay Bodzin ·
Yes, you can be charged with violating a no-contact order even if the order has been dismissed since it was violated. However, such a violation would have to be willful on your part. If she actually broke into your house while the order was in effect, you'd have a strong argument that you shouldn't be found in violation for that incident. I would normally expect a judge or prosecutor to be extremely dubious of such a claim; but if there's an actual video recording of her doing so, that might convince them. Taking her to the hospital is another matter. I could see a prosecutor arguing that you should have refused to do this, and should have called an ambulance instead. Whether you can introduce this evidence is a separate question from whether you'll be convicted of violating the order. Evidence can only be admitted if the submission complies with the rules of evidence. If must be relevant to a claim or defense, properly authenticated, and submitted correctly. For both these reasons - to understand how to use this evidence, and to protect yourself from liability - you need to consult in private with an attorney before taking any action. Going into court alone and unrepresented under these circumstances is suicidally dangerous.
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Sarah Hays ·
It depends. My first question is do you have an attorney assisting you with the custody matter? You probably should based on what you have revealed so far. Custody is a complicated legal matter that, while you CAN do it alone, you probably shouldn't. Any time you present evidence in court, it becomes a public record and can be used against you. The practical question is will the prosecutor be there to see it and be inclined to use tax-payer dollars to prosecute you? Contempt of court is just that - contempt. It is an unclassified violation. Conviction can result in fines, jail, or both.
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Amanda Thorpe ·
I agree with my colleagues. As they have addressed the break in, I will point out that the suicide attempt/ OD probably was a violation of the no contact order. I would be VERY hesitant to use this evidence in court without sitting down with an attorney to discuss your case in GREAT DETAIL with an attorney familiar with the judges in your local area. For example, all of these are violations of the no contact order. Who issues no contact orders? Judges. What are you asking the court for? Orders. How well do you imagine judges take it when a party fails to follow an order? You can imagine. This may not be true of all judges, but I have specifically seen in a custody decisions the failure to follow prior court orders cited as a concern of the judge in deciding the case. It sounds like a bit of a can of worms. I am not sure if you intend this evidence to impeach her testimony, or to demonstrate that she is not fit or shouldn't care for the children....whether this evidence actually advances your case will depend on the totality of your circumstances. You could be walking into a mine field. Confer with an attorney about all of the facts in your case and how those facts (and this evidence) relate to the custody dispute. (For example, are you trying to get custody, or just make sure you don't get stuck with supervised parenting time?) If you came to see me about your case, I would be hesitant to encourage you to use the above evidence unless I felt it was 1) Necessary to your case, and 2) highly likely to be persuasive.
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