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.
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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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.
After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
After a no contact order is filed, the court will specify the details, like how many feet or yards away the individuals must stay from one another. The defendant cannot see the petitioner at work, school, and home and must cease all communication with the victim.
An accused person bound by a no contact order should contact a lawyer if he is being contacted by a victim in a domestic assault case. If the contact continues, it could possibly be illegal and the victim making the contact could be charged with criminal harassment.
State your request: Communicate your desire to have the charges dropped. This should be a simple, straightforward statement. Explain your reasons: If you feel comfortable, briefly explain why you want the charges dropped. Remember that any information in this letter could be used in the case.
Usually, breaching a no contact condition means being charged with a separate criminal offence. Often, it also means going to jail, at least until you have a bail hearing. Sometimes, it means reopening sentencing for a previous conviction and receiving a more serious sentence, including a prison sentence.
Although restraining orders generally have the same effect as a peace bond, they do have the following advantages: They can be obtained: quickly from your local Family Court (or police service in some areas), without your spouse knowing, and. they are still enforceable by the police.