What constitutes the violation of a no contact order?

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What constitutes the violation of a no contact order?

The criminal (24 years old) who is in jail has a no contact order against him as a stipulation of bail. He has contacted the victim (a minor) while in jail. Is he in violation of the order? He used a payphone and called the minor on a cell phone that the criminal’s mother secretly gave the victim. The criminal is in jail for sending a picture of his genitalia to the victim.

Asked on March 4, 2011 under Criminal Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A no-contact order means the court has forbidden one person to communicate with another. And this includes telephone contact.  It also includes written messages, voice-mail, text messages, e-mails, and instant-messenger sessions.  Additionally, it also includes such communications to the victim from friends or family of the offender if speaking on the offender's behalf.  Right now, the court needs to be made aware of this contact so that it can take the proper steps to remedy the situation.


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