Could There Be A No Contact Order If Someone Was Arrested For An Assault Charge?
When someone sees a judge after being arrested for a violent offense, one of the conditions for release will always be that they will not be allowed to make contact with the alleged victim.
Also, the victim always has the right to request an order of protection or an injunction against harassment depending on the technicalities of the case, so if the judge grants it, then not only would the person not be able to contact the victim because of their release conditions but they would also not be able to contact the person because of the court order.
What Happens When The Victim Tries To Contact The Person Who Has Been Accused Of The Assault, Despite A Restraining Or No Contact Order Being In Place?
All clients are advised that once they have the restriction, it means they should have no contact. They should not answer any phone calls from the person, and if they get a text, then they should not respond because any contact can potentially get them in more legal trouble. So, unfortunately until the case is resolved or the judge orders that they may resume contact again, they really need to have no contact whatsoever.
How Serious Is An Assault Charge When It Comes To Someone’s Privileges With A Child Or With Their Children?
Adults have the right to discipline their children but that is a whole different type of law because the state would have to prove that the person broke certain standards, in order to show that it was actually an assault vs discipline, which a person has the right to do.
Would It Be Difficult For Someone With An Assault Charge To See Their Children?
It is possible that any criminal or violent conviction could affect a person’s custody arrangements in a family law court. People need to be aware that a judge can always consider any criminal or violent history in family law court so that is why a nonviolent solution is always the answer.
For more information on No Contact Orders, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (480) 447-1100 today.