can someone with a no contact order call the protected party from jail?

UPDATED: Sep 30, 2022

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can someone with a no contact order call the protected party from jail?

My ex physically assaulted me and was
arrested and released but part of her
probation was a no contact order with me.
Now she has been arrested on a different
charge and is calling me from jail asking me
to come in for a visit and speak with her. I did
not talk to her on the phone because I did not
want to pay. My question is, is it legal for her
to be calling me like she is and also would I
be breaking the law if I went and visited her?

Asked on March 15, 2017 under Criminal Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) No, it is *not* legal for her to call you from jail: "no contact" means NO contact. She is violating the order and you could bring an action against her for contempt of court for violating the order if you chose.
2) You would not be violating the law if you went to visit her unless the order applies to you (e.g it's a mutual no contact order--neither of you may contact the other). You would be significantly weakening your case if you do this--if you do, and she then harasses, etc. you, you will get less sympathy and possibly less protection from the court if you, despite having a no contact order, went to see her. Don't do this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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