Asked in Criminal Law for Massachusetts

Q: A no contact/stay away Order has been placed on me but I meet my sons father for drop off/pick ups. What should I do?

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1 Lawyer Answer

A: I am assuming that either you were ordered to have no contact and stay away from your son’s father as a condition of your release related to an open criminal case, or there is a restraining order in place. If it is a condition of release, violating could lead to being placed into custody while the case is pending. If it is a restraining order, a violation of that order is a crime itself.

If the order is a condition of your release, you should bring this to the attention of your attorney, who can request that the Court amend the conditions to allow you to do drop-offs. The judge has nearly unlimited discretion in fashioning the conditions of your release.

If it is a restraining order, you and the plaintiff (your son’s father) can ask the Court to amend the order.

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