Q: if there is a no contact order in place, is it legal for the victim and her family to still contact the defendant?
my boyfriend was charged with domestic battery 3rd degree over a yr ago. He is currently on 5 yrs probation with a no contact order in place. The victim and her family members have contacted him several times throughout this year. He has not responded at all to the victim at all but she continues to try every avenue to contact him about his child. Every time she contacts him he lets his probation officer know but is there any legal step or action we can take against her. We have all the messages and screenshots of every time she has messaged him.
A: That would depend on whether her contact/communication can be construed as harassment. Typically, a no contact order only applies to the defendant, your boyfriend, and the person seeking the no contact order is not prohibited or punished for reaching out to him regarding their child. However, the argument can be made that a no contact order is not necessary if she is not afraid of him and continuously tries to contact him on a regular basis. Also, if her messages become threatening or harassing in anyway, then he may also have grounds for a no-contact order or a temporary protective order against her, which would essentially result in mutual no contact orders, and then she would also be prohibited from reaching out to him personally or through a third-party.
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