Ogden, UT asked in Criminal Law for Utah

Q: PO Violation due to COVID: Had to violate No Contact PO due to exposure of minor son to COVID.

My ex has a baseless No Contact PO against me. I was sick with several COVID symptoms. While infectious I had visitation with my minor son. I was worried for their whole household. It seemed like exigent circumstances. I told my son who was afraid to tell his mom. I sent her a brief text telling her he had been exposed. Now I have a felony summons for a PO violation. Do I have a defense?

(This is a felony charge because I was forced into a plea bargain related to earlier totally baseless charges.)

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1 Lawyer Answer
Ian Quiel
Ian Quiel
PREMIUM
Answered
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: Based on these facts, you could have an excellent defense. If your only communication was regarding a potential emergency (exposure to COVID-19), I suggest hiring an attorney to explain this to the DA and fight the case, if necessary.

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