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Can an alleged victim contact defendant or defendant's family, pending trial?
Anonymous1 views3 answers
My husband was recently arrested for false allegations and is incarcerated. The courts told him he is NOT to contact the victims or the victims mother. However, the mother of the kids called his home last night and she out her 10 year old son on the phone to ask if my husband was home. Is this legal? Can she do that without any consequences?? She's playing with my families, my husband's, and my emotions by trying to keep in contact with us after already making us suffer by locking him up.
It sounds like a criminal protective order was issued. Your husband must have NO contact with the people named in the protective order. Further, your husband must stay away from the named locations. The burden falls on the husband. The way I instruct my clients is, if the protected person is walking towards you, you must back away.
One issue here is whether the phone call was a pretextual phone call used by police to get defendants to admit certain conduct. Your husband must not take any phone calls from the victim in this matter. Your husband must not discuss the fact of his case with anyone besides his lawyer.
unfortunately it is not a two way street where a no contact order is issued. I often have to instruct my clients that if the "victim" contacts them, the no contact order is still in effect for them and that they could still be returned to custody if they do not immediately cease any contact. You need to contact your husband's attorney and have him or her bring this contact to the attention of the court.
Good Luck,
Robert E. heyman, Esq
The court's no contact order applies against your husband, not the alleged victim or alleged victim's mother. So this person is legally allowed to call your husband but your husband is obligated to not talk to them. For example, if your husband is in the supermarket and the alleged victim is walking in his direction, he's got to turn around and walk away. A person wouldn't be punished if he did everything he could to avoid contact and contact was being initiated by the victim, but at a hearing to revoke a defendant's bond, it would come down to who the judge believe's.
Your husband may want to consider blocking that phone number so they can't call back. Or if she calls, say for example you recognize the number, don't answer and let it go to voicemail. Your husband may also be able to apply for an injunction so there would be a court order preventing the victim from trying to contact him.
He should discuss this with his attorney so the attorney can be prepared in case the alleged victim tries to make new allegations. By the very least, the attorney can talk to the prosecutor and/or the judge to let them know the alleged victim or mother is trying to contact him. That might make the prosecutor not believe the victim. Bottom line: avoid the victim and victim's mother completely, ignore them, and let the attorney know about it ASAP.
