A no contact order and a restraining order are two types of legal orders that are meant to protect individuals from harassment, abuse, or violence. These orders can be issued by the court in response to a person’s behavior or actions that pose a threat to someone else’s safety.
While both orders have the same objective, there are significant differences between them. One of the main differences is the consequences of violating these orders. In this article, we will discuss the repercussions of breaking a no contact order vs restraining order.
What is a No Contact Order?
A no contact order (NCO) is a court document that stops someone from talking to or interacting with another person. Anyone who feels unsafe because of someone’s behavior can ask for this order. This includes victims of domestic violence, stalking, or harassment.
Usually, a no contact order is temporary until a court hearing is held. If the court finds enough proof, the NCO can become permanent and last for a set time or even forever.
Consequences of Violating a No Contact Order
Violating a no contact order is considered a serious offense and carries severe consequences. These consequences may include:
Arrest and Criminal Charges
If a person violates a no contact order, they can be arrested immediately. This is because the NCO is considered a legal document that requires strict compliance. The court takes violations of this order very seriously as it puts the safety of the protected individual at risk.
In addition to an arrest, the violator may face criminal charges for their actions. These charges can vary depending on the severity of the violation and any previous offenses.
Contempt of Court
Violating a no contact order is also considered contempt of court, which means that the individual has disobeyed a direct order from the court. This offense carries its own set of consequences, including fines and even jail time in some cases.
Loss of Custody or Visitation Rights
If a person is found guilty of violating a no contact order involving their child, it can result in the loss of custody or visitation rights. This is because the court sees the violation as a disregard for the safety and well-being of the child.
Community Service or Counseling
In some cases, the court may order community service or mandatory counseling as a consequence of violating a no contact order. This is to help the individual understand the seriousness of their actions and prevent future violations.
Probation
Depending on the circumstances and severity of the violation, the court may also sentence the violator to probation. This means that they will be under supervision and must follow certain conditions set by the court.
Penalties
Penalties might include fines, imprisonment, or both, depending on the severity of the violation and the jurisdiction. These penalties can also increase if the violator has a history of violating no contact orders or other court orders.
What is a Restraining Order?
A restraining order (RO) is also a legal document issued by the court to protect an individual from harm or harassment. However, unlike a no-contact order, a restraining order can include additional provisions such as ordering the offender to stay away from specific locations or prohibiting them from possessing firearms. There are different types of restraining orders, including:
Domestic Violence Restraining Order
This type of RO is issued to protect an individual from abuse or violence by someone they have a domestic relationship with, such as a spouse, partner, parent, or household member.
Civil Harassment Restraining Order
A civil harassment restraining order is meant to protect an individual from harassment or threats by someone who is not related to them. This can include neighbors, coworkers, or acquaintances.
Workplace Violence Restraining Order
In cases where an individual has been threatened or harassed at their workplace, they may seek a workplace violence restraining order for protection.
Consequences of Violating a Restraining Order
The consequences for violating a restraining order are similar to those of a no contact order and may include:
Arrest and Criminal Charges
Similar to an NCO violation, violating a restraining order can result in immediate arrest and criminal charges.
Contempt of Court
Violating a restraining order is also considered contempt of court, which carries its own set of consequences.
Fines and Jail Time
The court can impose fines or even jail time for those found guilty of violating a restraining order. The severity of the punishment depends on the nature and extent of the violation.
Civil Consequences
In addition to criminal charges, a person who violates a restraining order may also face civil consequences such as being held liable for damages or facing a civil lawsuit.
Additional Restraining Orders
If someone continues to violate a restraining order, the court may issue additional orders with stricter provisions or extend the duration of the current one. This can result in even more severe consequences for the violator.
How to Request a No Contact Order or Restraining Order
If you feel that you need a legal protection order from someone’s behavior or actions, you can request a no contact order or restraining order. The process may vary slightly depending on your jurisdiction but generally involves:
Filing a Petition
The first step is to file a petition with the court, where you will provide information about your relationship with the offender and why you need protection. Hiring a lawyer from a reputable firm such as www.markeylawpartners.com can help you navigate this process and ensure that all necessary information is included in your petition.
Temporary Order Hearing
In urgent cases, the court may schedule a temporary order hearing before the final hearing takes place. This is to provide immediate protection for the individual until the final decision is made by the court.
Final Hearing
At the final hearing, both parties will have the opportunity to present evidence and argue their case. The judge will then decide on whether or not to issue a permanent no contact order or restraining order.
No Contact Order vs Restraining Order: Understand the Difference with this Guide
A no contact order vs restraining order have similar goals, but they are different in their provisions and consequences. If you need protection from someone’s harmful actions, it’s important to know how these two orders differ. Make sure to follow the court’s rules, as breaking any order can lead to serious problems. Your safety is the top priority!
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