Delaware USLegal Guide on Restraining Orders and No Contact Orders

State:
Multi-State
Control #:
US-GDE-09
Format:
Word; 
Rich Text
Instant download

Description

This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.

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  • Preview USLegal Guide on Restraining Orders and No Contact Orders
  • Preview USLegal Guide on Restraining Orders and No Contact Orders
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FAQ

Only the judge can lift a DANCO. The alleged victim cannot ?lift? the DANCO even if she or the children want to have contact with the Defendant.

A basic violation will qualify as a misdemeanor, which can result in 90 days in jail and fines up to $1,000. If the violation occurs within ten years of a previous domestic violence conviction, you can be charged with a gross misdemeanor. A conviction can lead to a year in prison, and fines of up to $3,000.

The following are not available in MCRO, but are available through MPA Courthouse: a. Domestic Abuse (OFP) and Harassment Restraining Order (HRO) case types, which the federal Violence Against Women Act (VAWA) prohibits from displaying on the internet. b.

No Contact Orders A no-contact order requires that the defendant have no contact with the victim or victims in a case. This includes contact in-person, by telephone or mail, or arranging for other people to make contact with the victim on the defendant's behalf.

Emergency PFA orders last only until the court's next regular session. Temporary PFA orders under 23 Pa. CSA §6107(b) last until the court conducts its hearing, typically within ten days.

In order to get the judge to lift the No Contact Order you have to file a motion. That motion should have notarized statements from the victim and the defendant. The statement will most likely not be enough, and the judge will require the victim to appear before the court and request the No Contact Order be lifted.

A "no contact order" is a type of order usually issued by a judge in criminal court that orders the criminal defendant not to have contact with someone. There can be both a "no contact order" and a Harassment Restraining Order.

Under the law in Minnesota, harassment takes place when someone knowingly engages in acts or behaviors that adversely impact the person who is the focus of those acts or behaviors.

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Delaware USLegal Guide on Restraining Orders and No Contact Orders