When a person is issued a no-contact order, there are stipulations that must be followed. But do you know what they are? This blog post will discuss those stipulations. If you are considering obtaining a no-contact order, it is crucial to understand what this order entails.
What is a No-Contact Order, and What Are its Stipulations?
A No-Contact Order (NCO) is an order that a judge typically issues in domestic violence, sexual assault, or stalking cases. The purpose of an NCO is to protect the victim from further harm by prohibiting the offender from having any contact with the victim.
An NCO usually stipulates that the offender must stay a certain distance away from the victim’s home, work, school, or any other place the victim is known to frequent.
If you have been the victim of domestic violence, one of the most important things you can do is to obtain a no-contact order. This order will prohibit the abuser from contacting you in any way.
Different Types of No-Contact Orders
There are different types of No-Contact Orders that can be issued by a judge, depending on the specific situation. They include:
Full No-Contact Order (FNCO)
A Full No-Contact Order (FNCO) is the most restrictive type of NCO and prohibits any and all contact between the offender and victim. This includes communication in person, by phone, through social media, or even by text message.
Limited No-Contact Order (LNCO)
A Limited No-Contact Order (LNCO) is less restrictive and only prohibits certain types of contact between the offender and victim. For example, an LNCO may allow the offender to have contact with the victim for the purpose of exchanging custody of their child but would not allow any other type of communication or interaction.
How Long Does a No-Contact Order Last?
In most cases, a No-Contact Order will remain in effect until the underlying criminal case has been resolved. Once the case has been dismissed or the offender has been found not guilty, the NCO will be lifted, and the offender will once again be able to have contact with the victim.
In some cases, however, a judge may choose to extend or make a No-Contact Order permanent. This is usually only done in cases where the judge believes the victim is still in danger of being harmed by the offender.
How Can You Get a No-Contact Order?
You must file a petition with the court to get a no-contact order. The petition must allege that you are a victim of one of these crimes and that you have reasonable cause to believe that you are in imminent danger of becoming a victim of further violence.
If the court finds that there is probable cause to believe that you are a victim of domestic violence, sexual violence, stalking, or dating violence, the court will issue a temporary no-contact order.
The order will remain in effect until a hearing can be held. At the hearing, both you and the respondent will have an opportunity to present evidence and testimony. The court will then decide whether to issue a final no-contact order.
What Happens if the Final No-Contact Order Has Been Issued?
If you are issued a final no-contact order, the respondent will have prohibited acts from contacting you. This includes in-person contact via telephone, mail, email, or other means. The respondent is also prohibited from coming within a certain distance of you, your home, your workplace, or your school.
What Are Some Common Reasons That Orders Are Granted?
There are several reasons why a No-Contact Order may be issued. Some of the most common grounds include:
- To protect a victim of domestic violence from further harm.
- To ensure the safety of a child who has been the victim of domestic violence.
- To prevent witness tampering or retaliation against a witness in a criminal case.
- To protect a victim of sexual violence from further harm.
- To protect a victim of stalking from further harm.
- To prevent interference with a criminal investigation.
A No-Contact Order can be issued even if the person accused of domestic violence, sexual violence, or stalking has not been arrested or charged with a crime. The No-Contact Order can be permanent if the person accused of domestic violence, sexual violence, or stalking is found guilty of a crime.
Permanent No-Contact Orders are also known as “protective injunctions.” Protective injunctions are issued by a judge and are enforceable by law enforcement.
What Happens if You Violate a No-Contact Order?
If you have been served with a No-Contact Order, it is important to understand the terms of the order and comply with them. Violating the terms of an NCO can result in serious consequences, including arrest and prosecution.
Are There Any Exceptions to the Order?
If you are the victim of domestic violence, you may be able to get a No-Contact Order against the abuser. This will prohibit the abuser from having any contact with you, including in person, by phone, or online.
However, there are some exceptions to this rule. The abuser may be able to have contact with you if:
- The court specifically approves contact.
- The contact is necessary for the abuser to attend court-ordered counseling or treatment.
- The contact is necessary for the abuser to attend parenting classes (if there are children involved).
- A domestic violence victim advocate specifically approves the contact.
Hire a Criminal Defense Attorney Today
There are specific stipulations that must be adhered to in a No-Contact Order. If you are subject to a No-Contact Order, it is important to understand what is expected of you and what the consequences may be if you violate the terms of the order. An experienced attorney can help you navigate this process and ensure that your rights are protected.
If you have been served with a No-Contact Order, or if you are accused of violating an existing order, it is important to contact an experienced attorney right away. Our attorneys at the Hanlon Law Firm have years of experience handling these types of cases and can help you protect your rights.
Call us today for a free consultation.
1605 Main St Ste 1115
Sarasota, FL 34236