Legal Question in Criminal Law in California

Breach of no contact order issued by D.A.

My son is incarcerated presently for DMV. My son at the time the police arrived after receiving phone call that he was pummeling his girlfired about the face with his fist, could not be arrested because the girl he supposedly did this to had no physical evidence. Due to a juvenile history with the Police in this City and the supposed eye witness, the police filed a report to D.A.. The D.A. filed the case, issued a no contact order and my son was then arrested about 2 weeks later by the police. He has no previous juvenile histor of DMV, just other stuff. Since being in jail the female he supposedly beat put money on her cell phone to receive phone calls from the facility and of course he called her many time. The police handling case have monitored her calls from the facility. If he is found not guilty of the DMV, can he still get in trouble for breach of the no contact order and if so how much time do you think?


Asked on 11/17/04, 9:12 pm

2 Answers from Attorneys
Kevin Sullivan

Re: Breach of no contact order issued by D.A.

The no contact order "stay away order" can certainly be breached even if your son was to be found not guilty of the underlying DV Charge which gave rise to the stay away order in the first place.

The best thing your son can do is to stop talking to hear if there is a stay away order. He should not talk to hear as anything he tells her can be testified to in court by her and used against him.

Good luck with your matter.

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Answered on 11/19/04, 11:12 am
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Breach of no contact order issued by D.A.

Yes, he can be charged with a violation of a court order, which is a misdemeanor with a potential sentence of 1 year in the county jail or a $1,000.00 fine or both.

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Answered on 11/19/04, 3:04 pm


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