I’m about to be arrested for my third breach of no contact,

Hello

I'm a criminal lawyer who can assist with your inquiry.

Breaches of court orders, as you probably are aware from the prior 2 instances, are treated seriously by the court system. As a starting point, if you are about to be arrested for your third breach, you ought to line up a lawyer to assist with your anticipated bail hearing. Bail hearings become more difficult to win, from the standpoint of a criminal defence lawyer, when several fail to comply charges are laid.

An accused, facing a 3rd fail to comply charge, usually will have to present an extremely strong plan of release at a bail hearing, usually with multiple sureties. Start by contacting a criminal lawyer to help you come up with a plan of release, including the number of sureties needed, proposed release plan (like who you are going to live with), and the like.

It is important to stress that you are the one facing the contact prohibition, not your ex. You are bound by the no-contact conditions, and not her. This means that if she shows up at your residence, you still have a duty to not speak to her. There are a variety of things that can be done if she continuously shows up, including not answering the door and calling the police, to advise them of the situation. A soon as you respond to her, you risk being arrested, charged and potentially convicted.

The fact that she was the one instigating the contact, however, can be a useful factor to make note of. For example, your lawyer can potentially use this info to your benefit at a bail hearing, as it shows that you did not go out of your way to initiate the contact (if it happened at your home). Moreover, if you are ultimately found guilty of the offence, it would be viewed as a mitigating factor in sentencing.