Couple Disregards No Contact Order
Police officer Jason Thomas had a no contact order with a woman who accused of attacking him was charged for sharing their relationship on Facebook. On April 16, a judge ruled that the two were to stay away from each other after the woman, Amanda Nickless, attacked Thomas. Nickless was charged with battery resulting in bodily injury and criminal mischief.
Police say that the two disregarded the court order, and posted their relationship on social media while Thomas was laying to fellow officers about their relationship. Their relationship supposedly continued the day after Nickless was charged, and Thomas picked her up from jail after she posed bond. She failed to show up to her newxt court hearing, and a warrant was issued for her arrest. Thomas was questioned about her whereabouts, and he claimed to not know where she was. In the next several months, Thomas continued to post pictures of the two of them together on Facebook.
Nickless was soon caught. In her next hearing, Thomas denied seeing her after her arrest in April, and told the police he was unaware of the no contact order. However, the police have a recorded phone call between the couple while Nickless was in jail where they discussed the court order.
Thomas was arrested and charged with assisting a criminal, and providing false information to authorities. Also, he has been suspended from the Indianapolis Police Department, and has been recommended for termination. Nickless was sentenced to a year of probation for violating the court order.
Comments from Allen:
Nothing says love like beating your soul-mate to a pulp.
Courts automatically issue "no-contact" orders to persons accused of domestic battery. Normally, however, (and this is absolutely crazy), the victim of the alleged battery is not ordered to stay away from the attacker. The theory is, that the victim didn't do anything wrong, and therefore the court has no reason to order the victim to alter his/her life choices at all.
The problem arises when, as here, the couple decides to re-unite. I would say this happens in the majority of domestic violence cases. If the no-contact order applies only to the defendant, when the victim calls the defendant to apologize for pushing his buttons and making him mad, he commits a crime by participating in that conversation, and she does not.
In this case, the two decided to re-unite almost immediately, and there was a bilateral no-contact order in place. Both parties committed a crime by re-uniting prior to getting rid of the no-contact order. The cop compounded his crime by lying to police during an investigation (usually a misdemeanor) and by harboring a fugitive from justice (felony).
The cop's career is now in the toilet, as a conviction of a felony will disqualify him from carrying a gun and, therefore, from being a cop at all.
If I were his attorney, I would be lobbying hard behind the scenes to get a plea deal arranged to drop that felony down to a misdemeanor to save his job.
And my advice to all those with no-contact orders: Get that order dropped before you make any efforts to get back with your true love. Talk with your attorney concerning how to carry out a plan to get the order dropped and get back together again. Don't even think about taking a shortcut here, unless you like jail and paying out a lot of money in fines, attorney fees, and domestic violence counseling.
http://www.cbsnews.com/news/cop-arrested-after-he-and-woman-defy-no-contact-order/
Police say that the two disregarded the court order, and posted their relationship on social media while Thomas was laying to fellow officers about their relationship. Their relationship supposedly continued the day after Nickless was charged, and Thomas picked her up from jail after she posed bond. She failed to show up to her newxt court hearing, and a warrant was issued for her arrest. Thomas was questioned about her whereabouts, and he claimed to not know where she was. In the next several months, Thomas continued to post pictures of the two of them together on Facebook.
Nickless was soon caught. In her next hearing, Thomas denied seeing her after her arrest in April, and told the police he was unaware of the no contact order. However, the police have a recorded phone call between the couple while Nickless was in jail where they discussed the court order.
Thomas was arrested and charged with assisting a criminal, and providing false information to authorities. Also, he has been suspended from the Indianapolis Police Department, and has been recommended for termination. Nickless was sentenced to a year of probation for violating the court order.
Comments from Allen:
Nothing says love like beating your soul-mate to a pulp.
Courts automatically issue "no-contact" orders to persons accused of domestic battery. Normally, however, (and this is absolutely crazy), the victim of the alleged battery is not ordered to stay away from the attacker. The theory is, that the victim didn't do anything wrong, and therefore the court has no reason to order the victim to alter his/her life choices at all.
The problem arises when, as here, the couple decides to re-unite. I would say this happens in the majority of domestic violence cases. If the no-contact order applies only to the defendant, when the victim calls the defendant to apologize for pushing his buttons and making him mad, he commits a crime by participating in that conversation, and she does not.
In this case, the two decided to re-unite almost immediately, and there was a bilateral no-contact order in place. Both parties committed a crime by re-uniting prior to getting rid of the no-contact order. The cop compounded his crime by lying to police during an investigation (usually a misdemeanor) and by harboring a fugitive from justice (felony).
The cop's career is now in the toilet, as a conviction of a felony will disqualify him from carrying a gun and, therefore, from being a cop at all.
If I were his attorney, I would be lobbying hard behind the scenes to get a plea deal arranged to drop that felony down to a misdemeanor to save his job.
And my advice to all those with no-contact orders: Get that order dropped before you make any efforts to get back with your true love. Talk with your attorney concerning how to carry out a plan to get the order dropped and get back together again. Don't even think about taking a shortcut here, unless you like jail and paying out a lot of money in fines, attorney fees, and domestic violence counseling.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.
Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:http://www.cbsnews.com/news/cop-arrested-after-he-and-woman-defy-no-contact-order/
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