A no-contact restraining order is a court directive issued to prevent contact between a person seeking protection and another. It prohibits a restrained person from approaching or contacting a protected person in any way, including physically, electronically, or through a third party. It mainly applies in domestic violence cases to protect victims of abuse from further harassment or abuse. It can also protect a victim of a violent crime from retaliation, intimidation, harassment, or abuse before the determination of their case.
It helps to learn more about this type of protective order before applying for one or if one has been issued against you. A skilled restraining order lawyer can help you understand its importance, provisions, dos and don'ts, and your rights when seeking a court’s protection or when someone obtains a protective order against you.
An Overview of No-Contact Restraining Orders
Restraining orders are court protections issued against individuals accused of abuse, violence, harassment, stalking, or threats of harm. They are valid for a specific period, within which the restrained person must abide by the order's provisions. The provisions of a restraining order include the dos and don'ts and other conditions by which the restrained person must adhere. They also contain detailed instructions on how the restrained person must behave towards the protected person. Since courts issue restraining orders, they are enforceable according to state laws. Thus, violating a restraining order can result in severe legal consequences.
There are different restraining orders, depending on the protection needed and the order's validity. No-contact orders are the types of restraining orders that establish boundaries between the restrained and protected persons. They contain restrictions and conditions that should separate the parties involved for a particular period. A no-contact order can be temporary before determining an underlying case or permanent and renewable. You should speak to a skilled restraining order lawyer to know what to expect if you need this kind of protection or if someone obtains a restraining order against you.
A court can issue a no-contact restraining order to protect a victim of domestic abuse, elder abuse, or civil harassment. If your abuser is a family member, you can file for this type of protection with or without filing a domestic violence case against them. If there is a pending domestic violence case against the perpetrator, the judge can issue a temporary no-contact restraining order to establish a boundary between the victim and perpetrator before the determination of their case. If a neighbor, colleague, or acquaintance threatens you with violence or has been violent with you, you can obtain a no-contact restraining order against them to protect yourself or your loved one.
Generally, courts issue restraining orders in cases of domestic abuse, domestic violence, harassment, stalking, and neighborly disputes. If you are in an emergency domestic violence situation, a responding law enforcement officer can help you obtain an emergency no-contact protective order against your abuser. Otherwise, an adult can file for a temporary or permanent restraining order. However, children need the help of their parents or guardians in filing for protection against their abuser in a domestic-related matter. Except in emergency protective orders, the judge needs proof of harassment, abuse, stalking, or threats to issue a no-contact restraining order.
Types of No-Contact Restraining Orders
One of the most fundamental requirements of a restraining or protective order is that a restrained person is not allowed to establish any form of contact with a protected person. This prevents further harassment, abuse, stalking, or threats of violence against the protected person. It also allows the protected person to make a rational decision on changes they need to make to stay safe. For example, if you are in a domestic violence situation and your abuser is your spouse, you can start talking to a divorce lawyer and making plans that will keep you safe from further abuse even after the expiration of the protective order.
Here are the types of restraining orders that contain a no-contact order that should keep the restrained person apart from the protected person:
Emergency Protective Orders
These are the types of protective orders that judges issue in cases of emergencies, mainly domestic violence situations. A responding police officer can assist a victim of domestic abuse to obtain immediate protection against their abuser for a few days before they file a case against them or obtain permanent protection from the court. Emergency protective orders are generally valid for a few days (five to seven). They can contain various restrictions against the restrained person, including a no-contact order between the restrained and protected person. Once the five or seven days of the order are over, the restrictions and conditions are no longer in effect.
Temporary Restraining Orders
These, too, can be a type of no-contact restraining order if they contain a restriction of contact between a restrained and protected person. As the name suggests, temporary protective orders remain in effect for a few days or until an underlying criminal case is heard and determined. They last for up to 21 days, after which the protected person can seek further protection if they still fear for their safety or the safety of their loved ones.
A victim of abuse, harassment, stalking, or threats files for a temporary restraining order from the court. They must demonstrate a need for protection against the restrained person by showing proof of abuse, stalking, harassment, or threats. The judge issues an order, with strict restrictions or conditions, by which the restrained person must abide. Violating this type of order can result in severe legal consequences, including an arrest and criminal charges for being in contempt of court.
Permanent Restraining Orders
These court-issued protective orders remain in effect for up to five years. They protect a victim of abuse, violence, or stalking from harm for a predetermined period. According to the underlying case, they generally contain various provisions, including a no-contact order between the restrained and protected person. This order can prevent any contact between the parties, including a stay-away order, which means that the restrained person must not come within a particular distance of the protected person. Once the order expires, the restrained person is no longer prohibited from contacting the protected person. However, the protected person can renew it if they need further protection from the court.
Prohibitions and Conditions of No-Contact Restraining Orders
A protective or restraining order becomes a no-contact restraining order if it contains a restriction or condition preventing any contact between the restrained and protected persons. There are several ways in which the court can include this restriction or condition, depending on the details of the underlying case. Here are common ways in which a restrained person can be prevented from continuing the behavior that puts the protected person in fear for their safety:
No Contact with Protected Person
A no-contact order will prohibit contact between the restrained and protected person. This order includes all forms of contact, including in-person contact, contact through the phone, texts, emails, or social media, and indirect contact through third parties. This means the restrained person cannot call the protected person, text them, visit their home or workplace, or send someone to speak to them without violating the protective order. A no-contact order also means that the restrained person should not go places you are known to frequent. This order can include other people in the protected person’s life, including children, parents, and other loved ones who could be in danger of abuse or harassment.
A Stay-Away Order
This order requires the restrained person to stay away from the protected person to avoid contact or confrontation between the two. Through this order, the court can order the restrained person to leave the home they share with the protected person, not to work in the same place as the protected person, or to leave town and stay within a predetermined distance of the protected person and their loved ones. A stay-away order could also require the restrained person not to visit places where they will likely run into the protected person.
An Order to Surrender Firearms
In domestic violence or violence-related criminal cases, a no-contact restraining order can include a requirement for the restrained person to surrender any firearm in their custody. This, too, is a court’s way of keeping the protected person and their loved ones safe. If the reason for obtaining a restraining order is due to criminal threats of violence, and the restrained person is a firearm holder, the court can require them to surrender their firearms and prohibit them from obtaining one within the period of the order.
You should seek clarification from your restraining order lawyer to understand exactly what you cannot do if someone obtains a no-contact restraining order against you. This reduces our chances of violating the order as you plan your defense in case of a pending criminal case. A protected person can also seek clarification from a lawyer to understand what constitutes a violation, so they can report it to the police if it happens.
How To File for a No-Contact Restraining Order
The process of filing for a no-contact restraining order mainly depends on the type of protection you need from the court. Other than an emergency protective order, which you need a police officer’s help with, other restraining orders require your absolute involvement. Here are the general steps in obtaining a restraining order:
File a Petition in Court
If you face harassment, threats, intimidation, abuse, or stalking and are afraid for your safety or the safety of your loved one, you can file a petition in court for protection with or without filing a criminal case against the perpetrator. A petition for a restraining order should be accompanied by your reasons for seeking protection, proof, and any supporting documents that could trigger a positive response by the court. You can prepare and file this petition on your own or with the help of your lawyer. Working with a restraining order lawyer significantly improves your chances of obtaining a favorable outcome.
However, before filing the petition, you should discuss your fears with your lawyer to discuss your legal options. They will also advise you on the kind of protection you should file for and any other legal approach, like filing a case against the perpetrator, to protect yourself and the people you love.
Wait for the Court to Review the Petition
When you file for a restraining order, the court clerk receives it and enters it into the court database. They will also review your paperwork to ensure you have provided all the information the court needs to decide the matter. Due to the emergency nature of some situations, the judge can review and grant your petition a few hours after the application. If you are in imminent danger, a quick response by the court will ensure a court order is in place before the alleged perpetrator harms you or continues their abusive behavior.
However, you must provide detailed information about the perpetrator, yourself, and the pattern of abuse for the court to make a quick decision. For example, you should specify the kind of abuse you face, your relationship with the alleged perpetrator, and the terms of the order you need. If you do not want to contact the suspected perpetrator, specify this so the judge can include a no-contact order in the restraining order.
Serve the Restraining Order
If the judge grants your petition, you must ensure that the alleged perpetrator receives the order and other court documents for it to be in effect. If you need protection from the alleged perpetrator, serving the restraining order yourself is not allowed. You should have someone else, like a friend, a professional process server, or a law enforcement officer, deliver the copy of the documents to the restrained person. Once they receive the documents, the order will go into effect and be valid until its expiration.
Serving the order ensures that the restrained person knows it and its restrictions. Then, they can be held liable if they violate it.
Attend a Court Hearing
If you sought emergency or temporary protection from the court, the judge can schedule a hearing to hear and determine your case before lifting the restraining order or issuing a permanent one. You should present yourself at this hearing to give your side of the story and present evidence. The alleged perpetrator is also expected to attend the hearing and present their defense. The court will hear testimonies and statements and review evidence to give a final ruling. If, indeed, the alleged perpetrator put you in reasonable fear for your safety, the judge can issue a more permanent restraining order to keep you safe.
Consequences of Violating a No-Contact Restraining Order
A restraining order contains prohibitions or conditions by which a restrained person must abide throughout the order. A violation occurs when the restrained person goes against any of the conditions or prohibitions. For example, you can violate a no-contact order if you organize a meeting, call, text, or communicate with the protected person through another person. A violation also occurs if you violate the conditions of the order against other protected people, including the protected person’s immediate family. If you are barred from contacting the protected person, any attempt you make to contact them is considered a severe violation.
When a court issues a no-contact restraining order, law enforcement must ensure the restrained person honors it until its expiration or until the court lifts the order. Thus, the protected person can report a violation to the police at any time during the period of the order’s effect. The police can arrest you for violating the terms of a court-issued order, and this arrest can lead to criminal charges. Attempting to establish contact with a protected person is enough to cause severe consequences, even if you fail to contact them.
If you are arrested for violating a no-contact restraining order, the prosecutor can file charges for contempt of court. This charge means that you disrespected or disobeyed a court order or authority. This can be an infraction, misdemeanor, or felony, depending on the severity of the underlying legal issue. Thus, your arrest can result in a hefty court fine or imprisonment.
An arrest for violating a restraining order can also lead to a court hearing to determine the cause and consequences of your actions. Instead of imposing more penalties on you, the judge can modify the terms of the order to prevent further violations.
A restrained person must understand the terms and conditions of a no-contact restraining order to avoid a violation and its severe consequences. You can hire a skilled restraining order lawyer to help you with this. They can also help you with all legal processes, including fighting the restraining order or the underlying charges.
Violating a no-contact restraining order can also affect your personal and professional lives. The violation will appear in your criminal background, accessible to the public. Generally, a person with a criminal record finds it challenging to make connections and friendships. People can harshly judge you based on your criminal past. An employer can also run a background check on you and make a hiring decision based on their findings. This can affect how easily you find work after the violation.
How To Terminate or Modify a No-Contact Restraining Order
A no-contact restraining order has severe restrictions, especially if the protected person or people are your family members. You will not be able to speak to them or come close to them until the expiration of the order. If the protected person obtains a permanent restraining order against you, you lose the connection you once enjoyed with those you love. This is a severe blow, especially if you are not ready to let go of your loved ones.
Fortunately, courts allow for termination or modification of restraining orders. This provision can help you regain access to the people you love. However, termination or modification of no-contact restraining orders applies to some and not all cases.
To start the modification process, talk to a competent lawyer to determine your options. You will also need their help to navigate the complex legal processes. With the help of your lawyer, you will file a petition to modify the restraining order with the court. Generally, courts allow such petitions if the circumstances in your case change. Thus, you should be able to provide details of the changed situations that have necessitated the application. For example, you can request the court to adjust the terms of the order or lift the no-contact order if you have undergone counseling or rehabilitation and no longer pose a danger to the protected person.
If you want the court to terminate the order altogether, you must file a petition with the assistance of your lawyer. Again, you should demonstrate changes in your situation that have necessitated the application. The court will review your application to determine whether your request is appropriate based on the circumstances that have changed. The judge can grant or deny your request.
Find a Competent Restraining Order Lawyer Near Me
A no-contact restraining order is a prevalent protective order that keeps a protected person from any form of contact with their abuser, harasser, stalker, or someone who threatens or intimidates them. You can file for this kind of order if you are afraid for your safety or the safety of your loved ones. If the judge grants our request, the restrained person will violate the order if they make or attempt to make contact with you.
We help people understand the meaning, provisions, and legal implications of such protective orders at Goldman Flores Restraining Order Law Firm. You can benefit from our help if you need protection from your abuser or if someone files a restraining order against you. With our assistance, you can navigate the legal processes, understand your rights, and develop a strong case or defense for a favorable outcome. Call us at 213-341-4087 for details about no-contact restraining orders and our services.
