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My child has a full order of protection ("no contact")

My child has a full...
My child has a full order of protection ("no contact") issued by the criminal court, that includes people in the child household (me). If I contact the defendant (Instead of defendant attorney) to update him about the child, do I change/cancel/violate in any shape of form the protection order?
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Answered in 1 minute by:
5/10/2017
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 29,133
Experience: 18 years of litigation experience.
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Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and I may also have to respond to other customers.

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Yes, it can. If there's a no contact order, no contact means NO contact. Contact the lawyer unless/until you can take this up with the judge and see if the order can be modified for the limited purpose of updating the defendant about the child. Otherwise, even if you initiate the call, he can be violated for speaking to you.

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Customer reply replied 9 months ago
what do you mean by "he can be violated"? can it potentially cancel the protection order?
Customer reply replied 9 months ago
Also, what judge should I address it with? we are in family court and it was issued by criminal court..?

Sorry for the delay. I turned in for the night before your answer came through.

I meant if he has an order of protection against him telling him he can have no contact and he has contact, then he has violated the terms of the protective order. He can be arrested and charged for the violation of the order.

If you're looking to lift the order, you must address it to the judge who issued the order in the first place. So that would be the criminal court judge.

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Customer reply replied 9 months ago
Maybe I was not clear enough, i am not looking to lift the order, to the contrary, i am lookimg to keep it. What should I do if the family judge ask me to update the defendant about the child while there is a protection order in place?

Sorry for the delay. I had an appointment this morning and have only recently returned to the computer. Sorry also for my assumption.

You can't get in trouble for contacting him. You are the complaiant on the criminal order. He can get in trouble for talking to you, regardless of what the reason is.

Only Family Court can decide custody and visitation issues. So if the Family Court judge can come up with a way that your ex can contact you about those matters, which won't violate the criminal court order, then your ex can follow the Family Court judge's instructions to him.. Otherwise, you go through his lawyer.

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Customer reply replied 9 months ago
Can you give me example for such "instructions"?

No. The judge would have to come up with some kind of creative solution to the order which will override the fact that he is not allowed to speak to you. The fact that the judge says you can call him doesn't give him the right to talk to you.

So, we're back to where you and I first started. You would have to talk to the prosecutor and/or the Criminal Court judge about getting the criminal order modified so that he could speak to you about the children. Until then you need to talk to his lawyer.

Zoey, JD
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