Legal Question in Criminal Law in Washington
What happens to me if I break a no-contact order against my husband?
When I called the police on my husband, I didn not anticipate they would arrest him. There is a no contact order on him, and I really don't think it is neccasary. I'm not saying that because I'm afraid of him, I really don't think it is neccasary. He is not a violent man, never has been and don't think will ever be. The judge won't talk to me until I complete a safety planning class, and I don't know where else to turn. I want this order dropped for my sanity and the benefit of our children. Not to mention, the reasons for it are completely unfounded. I understand that in this state the police and state san press charges, but I don't have a say in any of this. Doesn't my word count for something? I want my husband to come home, so we can be a family, like before. My children are running me into the ground because I'm so upset and depressed over this most of the time I can't even function on normal levels. What will happen to me if we are caught together? And further more, what can I do to get this order dropped? I want my family back!!!
1 Answer from Attorneys
Re: What happens to me if I break a no-contact order against my husband?
First, why did you call the police? Was there an event of domestic violence? If the police are called to a domestic violence complaint, some one has to be arrested and charged, i.e., either one or both of the parties, depending upon the circumstances. Each court has its own guidelines for lifting or vacating no-contact orders and your court seems to require this safety planning class. Seems odd though, if your husband is not a violent man, then why were police called? You will have toappear at the next court hearing after arraignment and after you have completed thew safety planning class and ask the judge to vacate the no contact order. BUT, it's strictly up to him becuase he does not want you to end up in the hospital or, even worse, in the morgue with your children in foster care because your husband will be in jail on an assault or murder (or manslaughter) charge. As the old saying goes, careful what you wish for. You obviously felt threatened or in danger but these matters are taken VERY SERIOUSLY by judges and prosecutors. Your husband may have to enroll in a 12 month batterers program at great expense of time and money to your household. I would talk to your husband's attorney and see what he recommends. Also, if your husband is found with you, that is a new and separate offense of violation of a no contact order and that offense is a felony in Washington State. Your husband coul dbe sentenced to prison or jail for 6 to 24 months for such a violation. DO NOT TAKE SUCH A RISK. Good Luck - you will need it.
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