Legal Question in Criminal Law in North Carolina

My fiancee is on probation. He had unblocked the female that he is on probation for so that he could show the court that she is still trying to contact him even tho he has had absolutely no contact with her. Yesterday She sent multiple messages to him on his Facebook (He still never responded). Am I allowed to tell her that she needs to back off & stop messaging him, or would that be violating his probation?


Asked on 12/16/16, 10:27 am

1 Answer from Attorneys

First, you have to realize that the situation you are describing is basically the adult version of what children do in the back seat with 'will you stop touching me'. The Court's hate dealing with this kind of childish crap and often still side with the female regardless of the actual facts. So right off the bat even if he is doing right - there's potential for him to get into trouble. So unblocking her was dumb - get that back in place ASAP. Even if the reason was to "show the court that she is still trying to contact him", it is very likely no one will believe that was the actual reason (I don't). Normally, part of the Court order stating no contact will also be not having 3rd parties (you) make contact either. If that's the case, and you contact her - even to tell her to 'back off', it could be a violation of his probation. Even if you or someone else does it on your own without your fiancee asking you to, again it is very likely no one would believe him (I wouldn't). His best bet is to block her and discuss her attempts to contact him with the probation officer. It is very important that it not even look like he has contacted her in any way or his probation may get revoked.

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Answered on 12/16/16, 10:58 am


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