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.