Tag Archives: NO CONTACT ORDER

Can CYF base a safety plan on a criminal court no-contact order?

Q: CYF made us sign safety plan and our baby is home. Can they say the safety plan is gone based on criminal no contact order? Cops were called and told us last time they would call CYF if they were called again (stupid fights never violent). Our baby was never in any danger. This incident they arrested both of us, but he is STILL in jail on a non-violent probation violation. His “violation” is the new Simple Assault charge. There was automatic court ordered no contact order and after 60 days they checked our home, and he said he doesn’t really see why CYF is involved, etc. He said the safety plan was “over” yet it isn’t a closed CYF case. He said it was over and seemed to hint that is based upon the “no contact order” the court put against my boyfriend, so he couldn’t contact me. We are getting married when he gets out, we are a FAMILY and I want to know if CYF is legally allowed to base a safety plan or decisions about it on the sole fact of the no contact order that has nothing to do with CYF. Please help? (Pittsburgh, PA)

A: If you are asking if CYF can put a safety plan in the home because of a criminal court no contact order, my answer would be yes. CYF can act based on the threat of harm to a child in the home. Domestic violence is such a threat. A no contact order will help keep the child in the home, but if CYF believes it is not being followed they can remove the child for safety concerns. I would follow the no contact order and cooperate with CYF to keep my child. A child witnessing even “stupid fights…” between parents can be harmful to the child’s development and mental well-being. My advice would be for the father to complete anger management and both of you complete parenting. This will give CYF added assurance that this will not happen again, and the child is safe. I advise you to get counsel. If you cannot afford counsel, call the Allegheny County Juvenile Court Project and sign up for a parent advocate. They are good attorneys and will give you proper advice.

Can me and my husband make contact?

Q: In his technical probation violation court hearing, the judge said no living with or contacting me. I talked to his probation officer and she told me that I could contact him since it was never written on the sentencing paper work that we couldn’t have contact. According to her it only said that we couldn’t live together. She was fine with us talking till we got married then she got all mad and tried to say he was violating a court order. I even asked the Clerk of Courts when I got a copy of the sentencing paper work and they said the same thing, that we could have contact since it wasn’t written on the sentencing paper work. But the probation officer (who I swear is bi-polar) told him if she gets the transcripts and it says that we can’t have contact that he could have a probation violation on his hands. Can she even do that since she told both of us we we’re allowed to have contact and that she had to go by what the sentencing paper work said? (Pittsburgh, PA)

A:  It sounds like the judge verbally ordered no contact. Generally, “no contact” means NO contact, by any method. Regardless of what the written court order says, or what the probation officer thinks, I would advise not to risk it, and follow what the judge said verbally. The judge may remember what he or she said or may have kept notes. In addition, if the transcript of the hearing is ordered, it will be clear. The safest way to seek a limited contact order is to file a motion to reconsider, in which you ask the judge to grant some form of contact.