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.
West Virginia USLegal Guide on Restraining Orders and No Contact Orders
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US-GDE-09
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FAQ
The Court ultimately held that the Indiana legislature made it clear that protected persons might invite the perpetrator back into their lives. However, it is the perpetrator who must not allow the no contact or protective order to be violated, and a victim should not be criminally charged for aiding a violation.
A personal safety order is a civil court order that can protect you from an abuser if you are a victim of: a sexual offense or attempted sexual offense; stalking; or. repeated credible threats of bodily injury.
The Impacts of a Civil Protection Order And while being the subject of an Indiana protective order is not a criminal offense, it may be used as a reflection of your character in deep background checks. Deep background checks may be used in many situations, revealing a protective order entered against you.
No contact orders are not the same as protective orders. These come about during criminal cases whereas protective orders are civil matters. No contact orders arise when a prosecutor asks a judge to rule that a defendant cannot contact a victim during a domestic battery or another domestic violence case.
No Contact Orders generally last until the criminal case is resolved or until the Defendant completes their sentence. Protection Orders are issued through civil cases via petitions. Protection Orders are civil legal remedies provided to victims of harassment, stalking, unwanted contact, abuse, etc.
In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. (See Code of Virginia §19.2-152.10).
No contact orders require the criminal defendant to refrain from making direct or indirect contact, or be within sight of, a protected person, their residence, place of employment or school.
The most common condition that is imposed by a judge who grants bond in a domestic violence situation is that the accused has no contact with the alleged victim.