Jeremy Kaplan
A no-contact order is issued by a judge during criminal proceedings and is meant to limit the contact that someone can have with another person through communication. How to get a no contact order? They are typically given as release conditions during the arraignment process of a criminal trial. Their aim is to limit the risk of two people running into a conflict with one another or another criminal act being committed.
Because they are not set in stone, if there are additional concerns at any time before the trial where additional modifications need to be made due to clear and present danger, then the judge is entitled to change the no-contact order.
If an attorney believes that there is a risk of safety or conflict between two parties, they can petition the judge at any time to modify the orders. No-contact orders are usually issued in criminal proceedings that involve domestic violence or abuse. During an arraignment for a domestic violence claim, the presiding judge might make it illegal for the person who has been accused to have any contact with the alleged victim.
Domestic violence arraignments are not legally allowed to be waived; this means that at the arraignment, it is imperative that you have your attorney present in case a no-contact order is issued. If it will limit your ability to see your family or children, you will want to ensure you have someone in your corner to defend you.
What exactly is a no-contact order?
As stated above, a no-contact order is a way that the judge limits the communication that someone is allowed to have with another person. When someone goes through the arraignment phase of a trial the judge has the ability to release them pending trial or to hold them. A no-contact order is usually set so that a person can be released into the community instead of sitting in prison waiting for their day in court, and it is meant to protect the victim of domestic violence or other crime from the perpetrator.
A no-contact order can also limit the amount and type of contact that someone can have with someone who is claiming domestic violence. They limit the access that one person has to another, and can even restrict where the perpetrator is allowed to go or the distance that they can have in relation to the victim, both where they work or where they live. No-contact orders are issued in criminal court, which makes them different than protection orders or restraining orders that are used in most civil cases like divorce.
What can no-contact orders do to protect the victim?
No-contact orders can limit the number of feet in distance that a person can have to someone else. That can include their home, their workplace, or even where their family lives or children go to school. If the two parties share the same residence, it can prohibit the defendant from living in the home. It typically also involves limiting the methods of communication that someone can have, like not being able to text, call, or contact the victim in any way, which even includes through third parties. If there are children involved in the situation and there are no allegations that the children are in harm, then exceptions can be made so that a parent is allowed to see their children.
If there was violence in the past there is usually a high likelihood that it can happen again; if someone is accused of a crime like domestic violence, it is possible for a judge to put a no-contact order in place to ensure the safety of the alleged victim until a trial is conducted. Since it’s issued during the arraignment process, it isn’t quite the same as a restraining order or an order of protection.
It is an immediate order that limits contact to reduce the risk that there will be conflict between two parties before a trial can be conducted to decipher the facts of the case. If you are facing criminal charges due to domestic violence or other allegations, it is imperative that you have a professional in your corner during the arraignment process to limit the conditions of a no-contact order.
