If my fiance is being charged with the burglary of my aunt’s house but a condition of his probation is that he is to have no contact with the victim, is it OK for her to come to our wedding?

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If my fiance is being charged with the burglary of my aunt’s house but a condition of his probation is that he is to have no contact with the victim, is it OK for her to come to our wedding?

After all she is still my aunt and she wants to come. She stated that she has no hard feelings toward him and that she filed charges to teach him a lesson. He is doing much better now. She would be coming from out of state and I know she wouldn’t come to cause any problems. Can she legally come to our wedding without my fiancé violating his probation by being in her presence?

Asked on January 18, 2013 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From  what you write, no, she could not come--if he is to have no contact with her, that means *no* contact; even if she initiates the contact at your wedding, that would be a violation. It may be possible to get permission for her to come by getting this order modified, but you need to make sure to do that in advance (and be aware: while it's possible  to get an order like this modified, even if only to provide one-time permission, it is not a given that you will succeeed; but it's worth trying). Contact a criminal defense attorney about the situation and see if he/she can't help you modify the order or otherwise get permission for you aunt to attend, either by going to the probation department or by seeking a court order.


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