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While Restraining Orders can be used as a preventative measure, No Contact Orders are typically filed after a dispute has taken place; these orders are filed in domestic cases, and in some instances, other criminal offenses involving an alleged victim.
The No Contact Order (NCO) is ordered by a Judge or parole/probation officer (PO), instructing the justice-involved individual (JII) to not have any contact with the listed victim/s or other identified people.
Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.
If the contact continues, it could possibly be illegal and the victim making the contact could be charged with criminal harassment. A defendant that responds to unwanted communication from a victim can be charged with breaching the no contact order, whether he/ she responds to the communication directly or indirectly.
Only the judge can modify or remove a No Contact Order. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order. First, a hearing needs to take place.