As the victim in a DV case, am I allowed to contact the defendant?
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As the victim in a DV case, am I allowed to contact the defendant?
My ex was convicted of a felony assault and battery on a family member, 3rd subsequent offense, where I was the victim. He is currently serving a 4 year sentence and has filed an appeal. The judge told him during sentencing to have no contact with me directly or indirectly. I have sent him a card, telling him goodbye, some prayers, and Muslim prayer times. I know he can not write me back, so can I get in trouble for sending him them? I use a pseudonym and a different address then they have no file for me. Can the fact I have mailed him letters help him during his appeal? I don’t want him to get out of the sentence, I’m just confused about my feelings.
Asked on April 11, 2017 under Criminal Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless there is a court order prohibiting you fron contacting the defendant, then you have the legal right to do so. That having been said, doing so would be ill advised.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You are only barred from contacting him if there is a court order preventing you from doing so; if there is no such order, you may contact him. It is, however a very bad idea to do this: even leaving aside that you would be continuing to entangle your life with his, it will help his appeal by providing evidence that you were could not have been hurt as badly as thought, since you are still voluntarily reaching out to and contacting him.
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