As we know... When there is a DV complaint and a criminal complaint filed, there is a standard bail provision providing "no contact with the complainant" and, often, "no contact with the child(ren)." The FV judge then hears the DV matter and either (1) adjourns it but wants to address parenting time in the interim -- or the trial is conducted and (2) either an FRO is granted or (3) the DV case is dismissed. Or (4) the DV is dismissed by consent in favor of civil restraints.
In spite of this (having an order signed by a judge modifying or dissolving "no contact" restraints), the bail condition still exists prohibiting contact with an ex or with the children. Although a conviction might be tough to obtain that a defendant knowingly violated an order when there is a conflict like this, it can (and has) resulted in arrests.
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The AOC is addressing this issue, and probably going to add "Except as may be ordered by a Superior Court judge..." prior to the standard prohibition on contact, which should resolve it.
I just spoke with the AOC attorney working on the issue, and he asked for examples where this has occurred. I gave him as an example a case I'm working on now (G v. G, where a shoving match resulted in a "no contact with plaintiff or the children" bail provision as well as a TRO. The trial court today ordered parenting time and permitted the parties to communicate regarding the kids and divorce issues via email. My other example cases go back a couple of years, so the AOC has asked me to get other more recent examples.
If anyone wouldn't mind giving a few other examples where this has happened, you'll be helping to address a SNAFU in the system. It should only take a minute - pulling a TRO and criminal complaint.
Thanks,
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David Perry Davis, Esq.
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