A "No Contact Order" in Oregon refers to a legal mandate that restricts communication and contact between individuals involved in certain criminal proceedings. These orders are designed to protect the safety and well-being of victims, witnesses, and other parties involved in the case. They play a crucial role in preventing harassment, intimidation, or potential harm. There are several types of No Contact Orders in Oregon, each with specific rules based on the context of the case. Here are the main categories: 1. Domestic Violence No Contact Order: This type of order is issued in cases involving domestic violence, where the victim and the perpetrator have a domestic relationship (such as spouses, partners, family members, or cohabitants). The order prohibits any form of contact, including direct communication, indirect messages through third parties, physical presence near the protected person, or any attempt to contact through phone calls, emails, texts, or social media. 2. Restraining Order: Also known as a "Family Abuse Prevention Act Restraining Order," it can be temporary or permanent and is designed to protect victims of abuse, harassment, or stalking. It can establish specific rules such as maintaining a certain distance, no communication, surrendering firearms, vacating a shared residence, or attending counseling programs. 3. Sexual Assault Protective Order: This order aims to protect victims of sexual assault or abuse. It may include restrictions on all forms of communication, direct or indirect contact, and prohibit the perpetrator from being present near the victim's residence, workplace, or school. 4. Stalking Protective Order: This order is granted to victims of stalking, which involves unwanted attention, harassment, or threats. It prohibits the offender from contacting the victim, entering certain areas, and demands the cessation of any stalking behavior. 5. Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Order: This is applicable when an elderly person or a person with disabilities is subjected to abuse or exploitation. The order usually restrains the alleged perpetrator from contact, physical harm, or unlawful financial actions. It is important to note that these No Contact Orders are issued by a judge in a court of law and violations can result in severe penalties such as fines, imprisonment, or additional charges. Understanding and adhering to the specific rules of each type of No Contact Order is essential to avoid legal consequences and ensure the safety and security of everyone involved.
No Contact Order Oregon Rules
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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.