San Antonio, TX asked in Domestic Violence for Texas

Q: Does a no contact order stop my attorney from speaking to the victim of the charge?

Related Topics:
1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: No, the alleged victim is probably the most important witness. There are, however, several reasons why an attorney should be VERY careful about talking to the alleged victim in a domestic violence case.

Perhaps most importantly is the fact that an attorney can't be a witness in the case. If the alleged victim tells the attorney something very helpful to the defense then the attorney just became an important witness. There is a rule in court that forbids witnesses from listening to each other's testimony* so the attorney who is now a witness would be required to wait outside the courtroom during the trial and you would need a DIFFERENT attorney to handle the trial. This problem can be avoided by having another person present during the conversation who can serve as the witness and the ideal person would be a private investigator who is a respected former detective with a local law enforcement agency. However, a person with those credentials will charge a high hourly rate, perhaps more than your attorney.

Another reason that attorneys may be cautious about interviewing an alleged victim is the fear that some future relationship problems between the defendant and alleged victim may cause the alleged victim to change their story and perhaps even falsely accuse the attorney of manipulation. This is especially true when an alleged victim is changing their story about what happened in the incident that led to the defendant's arrest. If the alleged victim is willing to lie to the cops and make false accusations against their loved ones then they won't hesitate to do the same against an attorney. This is especially true of alleged victims with personality disorders or substance abuse issues.

* The rule does not apply to expert witnesses.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.