No contact orders

if there is a no contact order against two people,, and the courts say to the one person who went to court first that the other accused will have to go to probation officer to confirm u want to no contact order dropped to get it lifted,, than what should the other person do who would still have the order?, like for example guy gets charged and has a no contact order girl keeps in touch they both get caught she gets charged for lying about seein him,, he goes to court cause girl sent letter to crown to drop the order and they say girl has to go to the probation officer to confirm the lift to get it dropped,, but girl still has those charges and has order against her to , to not have contact???? how does this work?? guy has dealt with his charges girl has not yet.... how does it get dropped on her side? brantford ontario


Asked almost 4 years ago in Brantford, British Columbia
Categories:

Answer Now

Comment

Your post is a little confusing, but if I read it correctly the guy is on a Probation Order with terms not to speak to the girl.&nbsp; In that case he can speak to his probation officer about having the terms altered.&nbsp; Obviously, this would require consent from the girl.<br /><br />I&#039;m not sure what the girl is charged with though...you said &quot;charged for lying about seeing him&quot;.&nbsp; What was the charge?&nbsp; Was she already on terms not to speak to him and she got charged for Breach?<br /><br />Regardless of what she was charged with, if she&#039;s on a Probation Order, she too needs to speak to her probation officer about getting the no contact term lifted.&nbsp; If she&#039;s on a Recognizance or Undertaking she needs to apply to the court to get a variance with the term removed.<br /><br />Does that answer your question?

Posted almost 4 years ago


Comment

ok let me try and explain this a little better haha,,, guy was out on bail with terms to have no contact with girl , ( keep in mind at this time girl had no terms what so ever she was the victim and he was the accused) so they both get caught girl than gets charges of obstruction , public mischeif and breachs of recog,,, girl them makes a letter sent to the crown to ask for the no contact order lifted courts then say to him that i would have to go to his probation officer to get it lifted.. ok solves that,,, but now back to girl she still has these charges that havent been dealt with and when she got these charges they said she could not have contact with guy,,, so the real question is, girl can get the no contact order dropped from guy ( according to the courts) but can girl get it dropped on her side,, isnt usually when two ppl are accused to try and keep them separate..... like maybe when the courts said to him she has to revoke it and give consent they didnt know about my charges will they withdrawl that?? or once mine is all over and done with i could get it off me,, cause that kinda dumb why would they say it could get droppped of him but than i cant get it dropped of me,, know what im saying kinda now lol

Posted almost 4 years ago


Comment

That&#039;s a little clearer.&nbsp; If two people are co-accused or charged with different offences arising out of the same circumstances, the normal protocol would be to have no contact terms on their release documents (whether they are Recognizances or Undertakings).&nbsp; In special circumstances (i.e. the two people are in the same class at school or work together) they could apply to the court for a variance on the Recog or Undertaking.&nbsp; If successful they might get the term changed to &quot;No contact except for...(school, work, etc.)&quot;&nbsp; That&#039;s for Recogs and Undertakings.<br /><br />However you also spoke of a probation officer, so I assume the guy is on probation as well.&nbsp; With probation orders you don&#039;t have to apply to the court, you have to speak to the probation officer.&nbsp; Usually the subject of a no contact order can assist in getting the term lifted if they speak to the probation officer and put something in writing.&nbsp; That would apply to a probation order only but the probation officer would probably not consider it if they knew that the other person (the girl in your case) was also on term not to contact the guy.<br /><br />It sounds like the guy in your case is on a probation order and a release document (Recog or Undertaking)&nbsp; If that is the case he would have to deal with each separately as I have described above.<br /><br />As you described it the female only has current charges so she is on some release document (Recog or Undertaking) and she would have to deal with it as I described above in the first paragraph.&nbsp; She would need the guy to attend court as well to assist her in getting the order changed, but it&#039;s not likely unless they have a good reason.<br /><br />A good idea would be to consult a local lawyer who could help with the process in court and act as an intermediary between the two since they are not supposed to speak to each other, even to arrange things like this.<br /><br />Does that clear it up?

Posted almost 4 years ago


Comment

so it wont work ?? from wat u think

Posted almost 4 years ago


Comment

then why would it be said in court to guy that all girl has to do is give consent that he can contact her??? like wouldn they already know my situation since we was both charged in the same situation... if there was no way that the order could get dropped on both of our halfs why would they say that to him in court?? know what i mean

Posted almost 4 years ago


Comment

I can&#039;t say why anyone said what they did.&nbsp; All I have is the information I posted above about the process for dealing with it.&nbsp; I don&#039;t know whether you would be successful, it depends on the reasons you articulate.

Posted almost 4 years ago


Comment

i am just wondering where i stand,, since girl and guy both will have no contact orders,, if they both went through there probation would it get lifted.. or is there a very poor chance of that happening

Posted almost 4 years ago


Reply by Police Officer the shield

If I understand correctly.  The girl still has charges which are outstanding and have bail condition(s) attached.  These can only be varied on consent of the Crown Attorney or if an application is made to the Superior Court if they don't consent.  A probation officer has no say on pending charges.

Posted almost 4 years ago

I am a retired police officer with experience on the Tactical team, Vice Unit, Major Crime Unit and Drug Squad.

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Comment

ok makes sense,, when girl gets her charges dealt with,, the probation officer does have say then for contact am i right? but if guy can get granted contact with girls consent through his probation,, can girl get granted it to? considering both have no contact orders?

Posted almost 4 years ago


Reply by Police Officer the shield

Once the case is dealt with, the conditions go away.  If there is a conviction registered by the Judge and he orders a term of Probation which may or may not include non-contact, then a Probation Officer may be able to intervene with the conditions.

Posted almost 4 years ago

I am a retired police officer with experience on the Tactical team, Vice Unit, Major Crime Unit and Drug Squad.

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Comment

ya but is it usually possible to drop a no contact order between two ppl who have both been charged or does that rarely happen

Posted almost 4 years ago


Reply by Police Officer the shield

Your question is confusing....but it is not a usual scenario for no-contact order to be varied.  It is done on a case by case basis.  The order is usually there to ensure the safety of the victim and they aren't simply ordered as flavour of the day.

Posted almost 4 years ago

I am a retired police officer with experience on the Tactical team, Vice Unit, Major Crime Unit and Drug Squad.

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Comment

i dont think iv been explaining myself properly sorry haha,,,, i just wanna know how much of a chance it is to have a no contact order dropped between 2 people through probation officer

Posted almost 4 years ago


Reply by Police Officer the shield

Who knows?  It all depends on how compelling your reasons are to be reunited.

Posted almost 4 years ago

I am a retired police officer with experience on the Tactical team, Vice Unit, Major Crime Unit and Drug Squad.

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Comment

ok,, so really just needs to be a convincing reason,,

Posted almost 4 years ago


Stephanie Heyens

Answer by Stephanie Heyens

VerifiedOntario lawyer

Someone is giving you bad advice to go to probation.  That works only if the no contact order is in a probation order given AFTER you are found guilty of the charge(s).

If both the girl and the guy have bail conditions to not contact each other - and there are no exceptions - the conditions can only be changed if the Crown attorney agrees on BOTH bails. If the Crown won't agree, BOTH can file a bail review at a higher appeals court to ask a judge to change the bails anyway.

Posted almost 4 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Stephanie Heyens, or search the Lawyer Directory.

For Lawyers:
Join the Directory
for Free!

Learn More
Criminal Law John P Gustafson British Columbia Lawyer John P Gustafson Verified Lawyer You have rights. My job is to protect them. Details

Connect with us:

Family Matters with Justice Harvey Brownstone - Watch Online TV ShowWatch Online TV Show
ScanDesigns LTD. - Quality Home Furnishings MacLean Family Law Group - We can't protect your heart, but we can protect your rights
IG Investors Group - Jim Doyle, Senior Financial Consultant, Request a Consultation GamTalk - Online Support for Gambling Issues