Houston, TX asked in Criminal Law, Domestic Violence, Federal Crimes and Divorce for Texas

Q: Can a no-contact order be obtained against me to keep me from my wife even though I never committed violence or threat?

I have not spoken too nor seen my wife in 15 months and suddenly, 3 weeks ago, at a hearing in my criminal case the prosecutor motioned for the order judge gave the order. He has also told my wife not to let me have anything not even a car in my name. I was falsely accused of a crime from supposedly 13 years ago. The prosecutor has involved my wife out of vengeance, from the start, because I threatened several years ago to expose the corruption in the sheriff department and DA office. And they knew I had been gathering evidence against them. I filed over 100 complaints with the Sheriff’s dept. in a two-year period, and they never wrote one citation. I have never seen such corruption as there is in Waller County, TX; it is so ridiculous it would make a great movie.

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The prosecutor can't issue an order... they most they can do is make a motion requesting that the judge issue an order. The judge has fairly wide discretion regarding what she can order the defendant to do (or not do) when it comes to matters of protecting an alleged victim or even the general public.

You didn't mention the nature of the criminal case but you did mention filing over 100 complaints in two years... so lets just hypothetically pretend the criminal case is for an offense Harassment or Stalking. Those offenses can be committed without violence or threats and would be situations where the judge is fully within her right to add a no-contact condition to a pretrial jail release bond or even issue a protective order in the case of Stalking.

My point is not really about Harassment or Stalking ... I'm trying to say that it is not possible for anyone other than YOUR CRIMINAL DEFENSE ATTORNEY to speculate on the judge's order. It might be valid. It might be corruption. But nobody else other than YOUR ATTORNEY has the information necessary to do anything other than guess.

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