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

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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 10 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.


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