How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask shurmust Your Own Question

shurmust
shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 141
Experience:  I have completed over thirty jury trials in the last three years and teach part-time at a local state college.
69736160
Type Your Criminal Law Question Here...
shurmust is online now
A new question is answered every 9 seconds

No adverse contact (also worded no unlawful contact) in Delaware.

Resolved Question:

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".
Submitted: 1 year ago.
Category: Criminal Law
Expert:  shurmust replied 1 year ago.

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.

shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 141
Experience: I have completed over thirty jury trials in the last three years and teach part-time at a local state college.
shurmust and 10 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.