If Someone Is Accused Of Domestic Violence By The Other Parent, What Happens To Their Access And Rights To Their Children?
It would again depend on what the conditions of release say. If the conditions of release say, “No uninvited contact with the victim” and, again, for simplicity’s sake, use it as the victim’s mother, if the children are with the mother, then it means that the person cannot contact the mother to make arrangements.
Unless there is something done as the conditions of release to allow them to have access to the children, they can’t, while the case is pending. Similarly speaking, if there is an order of protection saying the same thing, they can’t.
There is a procedure to modify the orders of protection, which can be done later. If the conditions of release while the case is pending say, “No uninvited contact” with the mother or at that residence, then no, they can’t have any contact with the children.
Not even through a third party. That’s very important because no uninvited contact means either directly or through a third party. If a third party makes contact with the victim, then that counts as the defendant making contact, so that’s a violation of the condition of release so that the defendant can be ordered back into custody for violating the conditions of release and that’s a basis for a separate charge.
Do People Run Into Trouble If They Don’t Control Themselves, And Initiate Contact Through Social Media Or Other Mediums?
Yes. Again, taking the example of man and woman, husband and wife. Suddenly, the game duck, duck, goose where you’re going around in a circle and all of a sudden it stops. What you’ve been doing all those years is an ongoing relationship, so you can’t just pretend it’s in a vacuum and there may be legitimate reasons why the victim wants to have contact with the defendant.
For example, if the victim isn’t employed and the defendant is, they’ve got to make arrangements for the paycheck and things like that. In such cases, the victim may encourage the defendant to contact her.
In short, there are many ways to do it and it’s a little hard for people to grasp the idea that suddenly that means exactly what it says – no uninvited contact – because they have been married 20 years and suddenly, “I can’t talk to my wife and I’m out of the house?” It’s a little difficult to grasp that concept, particularly if the victim is encouraging them to make contact.
It’s not just simply that there are many ways someone can do that now, but there are many legitimate reasons why people would want to have continuing ongoing contact. Again, they are husband and wife so they would want to have ongoing contact. It is very difficult, but it is also very serious because they’re dealing with emotions and they’re never quite sure when somebody is going to take an offense by something they do and if they’re doing uninvited contact, that can always be a separate charge.
They usually think it’s just a series of ongoing conversations they’re having after they’ve been told not to and suddenly, the victim takes offense with it and calls the police and then they’ve got another offense.
Taking another example of a client Attorney Gordon Thompson had earlier the year 2015, where his client had a domestic violence charge and he was taken into custody and released. They were married and it was husband and wife, they obviously had a lot in common. She wasn’t working and the husband, who was Thompson’s client, needed a cell phone, so he went back to the house to get the cell phone.
FLAT FEES & REASONABLE PAYMENT PLANS, NO HIDDEN FEES OR COSTS and NO TRIAL FEE!
Table of Contents
Well, unbeknownst to him, there was a social worker there helping the wife try to cope with this situation and boom! The social worker saw the husband there and she called the police. Even though the mother wouldn’t have had any problems whatsoever with him coming back, there are many occasions you can end up with a second charge.
It’s very difficult to just say, “We’ve got to stop everything right now and no contact” because it fails to take into account the human interaction between the parties for many years.
If you have been Accused Of Domestic Violence Charge in Arizona, call the law office of Attorney Gordon Thompson for a FREE initial consultation at [number type=”1″] and get the information and legal answers you’re seeking.