What to do if there is no contact order in place but the victim is trying to contact the defendant?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if there is no contact order in place but the victim is trying to contact the defendant?

What can the defendant do? The defendant has not contacted the victim, the victim is trying to talk to him.

Asked on March 16, 2011 under Criminal Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The defendant--

1) Should NOT speak with or have any contact with the victim under any circumstances; ignore the victim, walk away if the victim comes close, etc.

2) Should document and get witnesses for (if possible) the victim's contact attempts, so he or she can show that it was the victim, not the defendant, making the attempts. For example, if the victim leaves phone messages, make sure to keep them; if someone else is around when the victim approaches, get that person's name so you can have them testify; etc.

3) Consider pre-emptively notifying the relevant authorities (e.g the prosecutor or police), to again show that it's the victim, not the defendant doing this--though it would be best to consult with a criminal defense attorney first.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption