The first question clients often ask when they hire us in their domestic violence case is "Will I be Permitted to Contact the Alleged Victim?"

Many times, the person that made the call to the police quickly realizes the mistake that he or she made.  Unfortunately, there is no turning back.  Upon charges for domestic violence, an Order of Protection will be issued.  No contact with the alleged victim is invariably ordered as part of the conditions of release for domestic violence cases.  

In order to legally have contact with the alleged victim, your attorney must file a Motion for Modification of Conditions of Release.  The alleged victim will have to agree to the contact.  The prosecutor or a victim advocate will contact the alleged victim to insure that these are in fact his or her wishes.  Even then, most judges will require a hearing.  A change in the conditions of release cannot typically be entered simply by agreement of the parties.  

Some judges will not allow any contact while a case is pending no matter what the wishes of the alleged victim or the impact on the family. This position can be very hard on families due to the financial and emotional stress that these conditions place on the family.  The result is that the alleged victim, the children and the alleged defendant will all now suffer the consequences of a misguided call to the police.   

This is a very sensitive area.  You should proceed with the greatest caution.  You will find you are in a bit of a Catch 22.  You cannot take care of your family, including the alleged victim, without addressing this important issue.  You cannot even discuss the issue with the alleged victim without violating the Order of Protection put in place by the Court.  Your best option may be for the alleged victim to get his or her own attorney so that attorney and your attorney can address this thorny situation without risk of violation and arrest.  

You may contact us now with the form on this page or by calling us if you wish to discuss your case.