A no contact order or protective order can be issued by a court when an individual has been charged with a crime of domestic violence. The no contact order can be issued by the court on its own motion. The order will typically remain in place pending a resolution of the case. It can, in certain instances, be extended once the case has been resolved.
An alleged victim of domestic violence may also request that a court issue a protective order. A protective order issued pursuant to Penal Code section 136.2 takes precedence over civil court order issued against the defendant. The terms of a protective order may include the following conditions:
- No physical contact
- No writing
- No phone calls
- No text messaging
- No e-mail
- No internet contact (i.e. social networking)
- No third party contact
- Minimum distance apart
- Electronic monitoring
While the orders will remain in place pending a resolution of the case, the court will often consider lifting the no contact order upon a proper request of the alleged victim. Whether the court will lift the order will depend, in most instances, on the facts of the case and the desire of the victim. However, the court is not required to lift the no contact order if requested by an alleged victim.
How long does a No Contact Order last?
Once the case is resolved, the court will determine how long the protective order should remain in place. The protective order is designed to protect the alleged victim. If a protective order is in place, a defendant who violated the protective order can be charged with a new criminal offense. If the defendant is released on his or her own recognizance, a violation of the protective order may result in the defendant being remanded into custody.
Once the protective order terminates, a victim may request that the order remain in place. This, of course, will depend on whether the defendant is still on probation. If the defendant is not on probation, the victim will have to request a civil restraining order.
Victims of domestic violence, sexual assault, stalking, or harassment
Victims of domestic violence can request a protective order in an effort to ensure their safety, and the safety of family members, including children. While protective orders are most commonly issued in domestic violence cases they can also apply to victims of stalking or harassment. An experienced domestic violence attorney can assist a defendant in opposing a protective order. Similarly, a domestic violence attorney can assist a victim in requesting an order. A domestic violence attorney can also assist a victim with exercising his or her rights in court. One such right is the right to refuse to testify in a proceeding.