What Are No-Contact, Protection and Restraining Orders?

A no contact order is basically when the court orders that the person who allegedly committed the assault is not allowed to contact whoever filed the charge, typically the victim. The downside of this is when the other party makes contact first, which happens most of the time. I would not challenge this before the criminal hearing because if my client lost it, it will look as if they actually did it.

I always challenge it after the criminal hearing, after they’re acquitted, which I have done before, then we can challenge it afterward, when we can get the transcript from the criminal proceeding because, often, the victim changes their story when they hear the closing argument.

A restraining order is often the same as a no contact order, in which the person charged can’t contact the alleged victim, although there may be different rules regarding when it can be challenged and those sorts of things.

The person against whom the restraining order was filed can’t respond because they will be found to be in violation of the order. They can also get an order of protection against them if they really wanted one, although it will probably not go that far.

Can The Person Call Their Attorney Immediately If The Other Party Contacted Them?

Yes, if it is not an emergency, they can just send an email to let their attorney know the other party was calling, what they said and those sorts of things. They should also mention each and every time they were contacted so their attorney can bring it up in the criminal trial.

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