I didn't try to press charges, but his bond conditions says he can't contact me at all.

Yesterday my fiance and I had a bad fight... the neighbors called the police...I had marks on my neck but he didn't choke me during the fight. We are into that kind of intimate relationship.... choking during sex can be enjoyable. The state picked up the charges and since they thought he choked me it was a class b felony. They said if he contacts me he will be charged with tampering with a witness.... ...and his bond conditions say absolutely no contact.

How can the government do this? I didn't want to press charges on him in the first place... let alone be forced to be away from him for months while he fights this in court! What do I do? What can he do?

Mbramel4794 said:

Yesterday my fiance and I had a bad fight... the neighbors called the police...I had marks on my neck but he didn't choke me during the fight. We are into that kind of intimate relationship.... choking during sex can be enjoyable. The state picked up the charges and since they thought he choked me it was a class b felony. They said if he contacts me he will be charged with tampering with a witness.... ...and his bond conditions say absolutely no contact.

How can the government do this? I didn't want to press charges on him in the first place... let alone be forced to be away from him for months while he fights this in court! What do I do? What can he do?

Click to expand...

There is nothing you can do.

It is beyond your control.

He can plead NOT guilty, hire a lawyer or ask if he qualifies for a public defender, and use his RIGHT to remain silent.

You should avail yourself of that same right, too.

Mbramel4794 said:

How can the government do this?

Click to expand...

This seems like a pointless question, but I would hope it obvious that the court can set, as a condition of being out on bail, that the defendant not have any contact with the alleged victim.

Mbramel4794 said:

What do I do?

Click to expand...

I have no idea what you do. You'd have to tell us.

Mbramel4794 said:

What can he do?

Click to expand...

He should be conferring with his attorney.

Let's say someone was charged with 2nd degree domestic assault.... the violator is told if he has contact he will be charged with tampering with a witness... and his bond conditions say absolutely no contact with this girl.

Now let's say this girl talks him into meeting up... they spend an hour together and have a good time then leave.... if she wanted to.. could she call the police and say look at the cameras... we were together... and get him arrested again? Or would the police have to catch them together

The former is true. The latter is not.

zddoodah said:

The former is true. The latter is not.

Click to expand...

Be more specific please?

Mbramel4794 said:

Now let's say this girl talks him into meeting up

Click to expand...

You and the alleged offender are BARRED from contacting EACH other.

If you called the other party, YOU have violated the order.

The OTHER person could report you for making UNAUTHORIZED contact with him.

Mbramel4794 said:

the violator is told if he has contact he will be charged with tampering with a witness...

Click to expand...

The alleged perpetrator and the alleged victim are NOT allowed to have any contact with each other.

If EITHER of you initiates contact, the initiator and the other party can be held in contempt, potentially criminal contempt.

Mbramel4794 said:

his bond conditions say absolutely no contact with this girl.

Click to expand...

If the alleged offender is dumb enough to meet with the alleged VICTIM, or simply NOT report the telephone or text requesting a meeting, his bond can be revoked.

He would then be remanded to county jail until the matter has been adjudicated.

Mbramel4794 said:

Now let's say this girl talks him into meeting up... they spend an hour together and have a good time then leave.... if she wanted to.. could she call the police and say look at the cameras... we were together

Click to expand...

If such an event transpired and the idiotic encounter occurred, BOTH parties could suffer adverse consequences.

Mbramel4794 said:

I didn't want to press charges on him in the first place... l

Click to expand...

It is not your decision. The decision belongs to the prosecutor after weighing the evidence.
Your claim about the marks may be true, but it is not uncommon for a spouse to be less than honest to try to cover for the other in such situations.
The prosecutor apparently intends to let a jury decide what they believe the truth is.
For what it's worth, it is fairly easy to tell if marks are fresh or a day or two old. Scratches, redness, broken skin... That kind of evidence coupled with an in progress fight tends to support the injuries were received during the fight.... Which you admit was bad. If bridging was purple/black, scratch marks not raised/inflamed, then it would support the injuries were older and not related to the fight.
If the police did their job well they obtained good photos, and it is very likely there are inconsistent statements made in the immediate aftermath that will be used to discredit later statements.
It's all for a jury to weigh and decide. It seems the prosecutor is doing what is expected.

Mbramel4794 said:

zddoodah said:

The former is true. The latter is not.

Click to expand...

Be more specific please?

Click to expand...

You previously wrote (with no discernible regard for anything resembling proper punctuation) the following: "if she wanted to.. could she call the police and say look at the cameras... we were together... and get him arrested again? Or would the police have to catch them together."

The former is true: She could, if she wanted, call the police and say, "look at the cameras; we were together," and, as a result, he might get arrested.

The latter is not true: It would not be necessary for the police to catch them together.

Mbramel4794 said:

Yesterday my fiance and I had a bad fight... the neighbors called the police...I had marks on my neck but he didn't choke me during the fight. We are into that kind of intimate relationship.... choking during sex can be enjoyable. The state picked up the charges and since they thought he choked me it was a class b felony. They said if he contacts me he will be charged with tampering with a witness.... ...and his bond conditions say absolutely no contact.

How can the government do this? I didn't want to press charges on him in the first place... let alone be forced to be away from him for months while he fights this in court! What do I do? What can he do?

Click to expand...

When it comes to domestic violence charges, the alleged victim doesn't get to decide to press charges or not. The prosecution sees far too many victims recant in cases of domestic violence. Also the judge will put a no contact order in place, especially if the victim doesn't get a protection order.

I have been through this. The first time my ex hit me, it turned into he said/she said and I ended up stopping all communication with the police after two months of bullshit investigation, an officer that was not doing her job and knowing he'd never admit to it. They dropped it after I said I'd stop cooperating.

I stupidly stayed went back to him 2 months later. Ended up pregnant. Five months into my pregnancy, he beat the hell out of me. I didn't tell anyone. I lied at work. Then when our daughter was about 3 or 4 months old, he beat me again. Nearly killed me. I called the police immediately once I got free. He got arrested. Well stupid me, I only got a temporary order and didn't get the permanent one. But the judge issued a no contact order for the duration of the case. It took me a month and a half to get the judge to drop it after talking to victim witness repeatedly. I did end up finally leaving him six months later.

I didn't contact him the entire time there was that no contact order and he didn't contact me.

This:
Let's say someone was charged with 2nd degree domestic assault.... the violator is told if he has contact he will be charged with tampering with a witness... and his bond conditions say absolutely no contact with this girl.

Now let's say this girl talks him into meeting up... they spend an hour together and have a good time then leave.... if she wanted to.. could she call the police and say look at the cameras... we were together... and get him arrested again? Or would the police have to catch them together

Are you wanting him to stay in jail or what? Do you want to get in trouble too? Then by all means set him up and yourself.

No contact means no contact. Period. It doesn't matter what you want. If you really want to try, you could talk to the victim witness advocates at the courthouse. They don't have to help you with getting that dropped though. I think you should talk to them anyway - IF this is real.