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shurmust
shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 165
Experience:  I have completed over fifty jury trials in the last three years and teach part-time at a local state college.
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No adverse contact (also worded no unlawful contact) in Delaware.

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No adverse contact (also worded no unlawful contact) in Delaware. My husband was arrested and charged with offensive touching and malicious interference with emergency communications. A no contact order was issued. All problems with this man stem from alcohol abuse. His alcohol problems have been numerous and are escalating, the latest resulting in this arrest. In the 7 months prior, he has been hospitalized twice. Once for severe head trauma after falling down a flight of stairs and again for breaking a major bone which required surgery to repair. My question is, if I agree to revising the order to "no adverse contact" rather than "no contact", does this allow me to have him re-arrested if he's drunk in our home? Would that be considered "adverse contact"? I mean immediate arrest, not waiting for a VOP decision, assuming abstinence would be a provision of probation. On the night of the arrest I asked the officer if there was any true "legal limit" if you're drunk inside your own home and she responded "No".

shurmust :

Greetings! I am happy to help you with your question. I am truly sorry to hear what is going on with your husband.

shurmust :

Rather than reword the Court's order to "adverse contact" simply have the Court order him to consume any alcohol or intoxicants while out on bond/pre-trial release.

shurmust :

This is a very common order, especially if the underlying offense involves an alcohol induced criminal episode.

shurmust :

Your husband will be forced to submit random urine samples. If he has violated, his bond could be revoked or he could be held in custody until the Court wishes to dispose of the violation in another fashion.

shurmust :

You will need to petition the court, most likely by advising the prosecutor of a "modification" of bond or pre-trial release. Be sure to express your concerns.

shurmust :

You may have to testify at a hearing.

Customer:

Thank you for your quick response. But, do you know if the sole act of drinking alcohol is "adverse contact", or does that only apply to an act of aggression?

shurmust :

I have seen orders drafted where it says no "harmful" contact.

shurmust :

That will suffice.

shurmust :

I am not comfortable with "adverse."

shurmust :

Clearly, they are not supposed to be doing anything adverse while out on bond.

shurmust :

However, in domestic situations, they are to have no "direct" or "indirect" contact with a victim and not to ingest any alcohol or drugs.

shurmust :

Thank you for your time today! If I have answered your questions, please do not hesitate to reach out to me in the future and thank you for providing me positive feedback!

Customer:

Thank you. I was slightly confused at your original answer. I believe in your second paragraph, first sentence, you omitted the word "not". I agree the use of the word "harmful" is better suited here. Thank you.

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