NO CONTACT ORDER
A No Contact Order can only be imposed as part of a criminal case. The Judge may issue a No Contact Order in a pending criminal case, or as part of any sentence imposed in a criminal case. Offenders who are arrested for any felony charge, or a misdemeanor charge of domestic violence, stalking, violation of a No Contact Order, or violation of a Protection Order, will appear before a Judge the next business day. The Judge, at that time, will arraign the offender, set a bond, and decide whether to impose a No Contact Order. The terms of a No Contact Order vary depending upon the Judge’s order. You should not attempt to contact the protected parties listed in the No Contact Order when there is a No Contact Order in place unless there is a specific provision in the order that allows contact by some means. Again, the terms of a No Contact Order vary from case to case and are at the discretion of the Judge. A violation of a No Contact Order is a crime and will result in new charges being filed. MODIFYING THE NO CONTACT ORDER Only the Judge can modify a No Contact Order. Either party listed in the No Contact Order may request that the Judge modify the No Contact Order. In order to have the No Contact Order modified, a Motion to Modify the No Contact Order must be filed. The Court will set a hearing on the Motion. At the hearing, the Judge may ask questions about lifting or modifying the No Contact Order. After hearing from the victim(s), the State, and the defense, the Judge will make a decision regarding the No Contact Order.
1 Comment
1/31/2024 11:17:53 pm
This article really cleared up what a No Contact Order is and how serious it can be as part of a criminal case. It’s good to know that a judge decides whether to issue one and what conditions are included. I learned that you absolutely cannot contact the protected person unless the order specifically says you can, and if you break the order, you're in big trouble with new charges. It's interesting that either person involved can ask to change the order, but a judge has to agree to it after a hearing. This info makes me feel more informed about how these orders work and how important they are for keeping people safe. It’s kind of comforting to know there’s a process to modify it if needed, but it’s all up to the judge.
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February 2023
AuthorDevon Wilson, Marketing, PR Categories |