Avoiding a No-Contact Order
What is a no-contact order?
A no-contact order is an order that the judge may issue the first time you appear in court when you are charged with a crime. This order will prohibit you from having any contact whatsoever with the alleged victim while your case is pending.
If you live with the victim, the order may also prohibit you from going home or to any other place the alleged victim is likely to be.
How Does the Court Know if a No Contact Order is Violated?
If you have violated a no contact order, there are many ways for the court to know. They can use anything such as eyewitness testimonies, phone records, social media and voice mails to prove that you have violated the no contact order. The burden of proof is considered relatively low for these types of cases.
What are the consequences of a no-contact order being issued? Is it a big deal?
Nearly every one of our clients who has been restrained by a no-contact order has been devastated by the effects. If you are restrained by a no-contact order, you will not be able to communicate with the alleged victim in any manner including in person, in writing, over the phone or through third parties. If you live in the same house or apartment as the victim, you will be forced to leave and find somewhere else to live.
It usually takes several months to resolve a domestic violence case, which means you will be forced to live away from home for months. If you and the victim have children together, the situation becomes even more impossible in arranging and managing their daily lives. You must do everything in your power to avoid the issuance of a no-contact order against you.
When in the process does a no-contact order get issued?
A no-contact order can be issued at any stage of the proceedings against you. In nearly every case, however, the court will decide whether to issue a no-contact order against you at your first court appearance. Some jail courts will not consider an order when you are first in-custody, and you may still face the possibility of an order at your next court appearance. You are not out of the woods if you were not issued a no-contact order when you were in jail.
Can't the victim just tell the court that he or she does not want a no-contact order?
A victim can appear and request that a no-contact order not be issued. In the large majority of cases, however, these requests are ignored. The court will often ignore the victim's wishes and issue the order anyway justifying the order on the basis that the victim is abused and that the court needs to protect the victim from his or her self.
The victim's input can be important, however, if you have an attorney who can assist in making the proper arguments to the court or the prosecutor. We have had great success in certain courts when we were contacted soon enough in the process.
What if I ignore the order? What are the consequences of violating the order
If you are caught violating a no-contact order you will be put in jail and most likely be charged with an additional crime punishable by up to a year in jail. It also becomes much more difficult to defend your original charge if you are caught violating an order.
Even if the victim does not the police, many people are still caught violating an order when traveling with the other party in a vehicle that is pulled over for a traffic infraction like speeding. No matter where you are, if you are caught violating a no-contact order, you will be arrested and taken to jail. You should do everything in your power to avoid an order being issued against you so you are not put in this impossible situation.
