No Contact Orders
What happens after someone is arrested for domestic abuse?
Within 24 hours after a person is arrested for domestic abuse, assault or harassment, he or she will be brought before a judge or magistrate. At that time, the defendant will be provided notice of the next court appearance and generally served a criminal no contact order preventing ANY contact with the victim(s). The No Contact Order remains in effect until it is lifted, modified or the case is disposed of by the court. The clerk of court will send a copy of the no contact order to the protected party. It will be sent to the address the protected party provided to law enforcement when the incident took place.
What does a no contact order mean?
If the defendant is served with a No Contact Order, he or she must avoid all contact with the victim(s). This means the defendant may not communicate with the victim in person, phone, mail, and social media or through a 3rd party. Any contact with the defendant is considered a violation of the No Contact Order. If you, the victim, were to contact the defendant, through any of the means mentioned, while the No Contact Order is in place, you would be violating the Order and may be held in contempt of court.
If the defendant was living with the victim, he or she must move out of the residence. The defendant cannot come within the immediate vicinity of the victim’s protected address or place of employment. Unless modified by the Court, the defendant may only enter the residence in the company of a peace officer to retrieve clothing and work-related items. This is the responsibility of the defendant and his attorney to arrange this.
If the defendant sees the victim in a public place, it is the defendant’s responsibility to avoid contact. Every effort should be made by the victim to avoid contact with the defendant. If the defendant does not comply with the No Contact Order, the defendant could be arrested and a hearing set to determine if he or she is in contempt of court. Contact law enforcement with ANY possible violations of the No Contact Order.