If you are involved in a legal dispute, such as a high-intensity divorce, neighborly dispute, or criminal charge for harassment, stalking, domestic violence, or sexual harassment, you have heard of the phrase “no-contact order (NCO).” Even though the term is used interchangeably with a restraining order, the two are distinct. So, what is a no-contact restraining order? Below is the legal definition of an NCO, how it differs from a restraining order (RO), its implementation, and the consequences of breaching the order.

Legal Definition of No-Contact Restraining Order

A no-contact restraining order is a court order prohibiting physical or verbal contact, direct or indirect communication, or interaction between a restrained party and the protected party. Typically, the legal directive is issued after a crime, such as domestic violence, sexual harassment, criminal threats, or stalking, has happened, and can come as a bail condition

"No contact orders" and "restraining orders" are used interchangeably, but they differ in one major way. A crime need not have occurred for the court to issue an RO, meaning the order can be used to prevent harm or protect the victim from the defendant's unlawful actions. Also, an RO permits peaceful contact in unique situations, especially those involving children. The court can allow a restrained party to contact a petitioner by text or phone to arrange the pickup or drop-off of children at school, provided the restrained person does not engage in prohibited behavior, such as harassment.

However, under an NCO, there are no exceptions to the rules. If there is a total ban on direct or indirect contact, it should be avoided at all costs. Even accidental contact with an NCO can be deemed a violation.

No-Contact Restraining Order Rules

A restraining order and a no-contact directive contain rules prohibiting contact between the restrained party and the petitioner. However, the rules of a no-contact order are broader and eliminate any ambiguity on accidental contact.

When the court issues directives, it provides specifics, including the distance in feet or yards that a defendant must stay away from the restrained party. Usually, the court orders you to maintain 100 feet away from the victim. Also, it prohibits direct physical contact with the protected party, such as waiting for the protected party at their workplace, school, or home, or using a route the victim is likely to use so that you can see them.

Additionally, an NCO prohibits all direct and indirect communications. Direct communication includes:

• Talking face-to-face with the victim
• Making phone calls
• Sending text messages, emails, letters, or direct messages on social media

Indirect communication involves using a colleague, friend, or family member to pass along a message to the victim. The only third parties you can rely on to make contact with the protected party are your defense attorney and the petitioner’s attorney. Similarly, you cannot use a third party to send gifts, order food, or send flowers to the protected party.

The court will specify the period during which the NCO will remain in place. It is up to the petitioner to request an extension of the NCO once it lapses. Further, if the court finds that the restrained party is no longer a danger to the victim, it can lift the restraining order. A contravention of the NCO can result in a court fine or criminal charges for restraining order violation, a conviction that carries severe penalties, including jail time.

Therefore, if an NCO has been issued against you, consult an experienced restraining order attorney to understand the protection the directive provides the petitioner to avoid violation.

Kinds of No-Contact Orders

There are various forms of restraining orders where judges include a no-contact clause or provision. These include:

Criminal Protective Orders (CPOs)

Criminal courts have various ways of safeguarding victims or witnesses in a crime, including issuing a criminal restraining order. The legal directive protects an individual from violence or abuse by imposing a total no-contact rule. The judge will issue these directives against you if you have been charged with a crime, such as domestic violence, stalking, or assault. The orders are issued if the prosecutor convinces the judge that you pose a danger to the victim.

Most CPOs include a no-contact provision or language, especially when the prosecutor demonstrates that the victim suffered actual harm from your actions.

Domestic Violence Restraining Order (DVRO)

Domestic violence is the abuse or threats to an intimate partner or close family members. The victims or petitioners in DV cases are usually:

• Spouses
• Former spouses
• Dating partner
• Ex-lovers
• Cohabitant
• Children with the same biological parents
• Parents of adult children
• Registered domestic partners

If you are a family member or someone you are currently or formerly in a close relationship with who commits physical abuse, sexual abuse, economic abuse, psychological abuse, or emotional abuse, you can seek a DVRO. Courts issue these orders for other reasons, such as property damage, unlawful entry into a workplace or home, stalking, and disrupting the peace.

When the judge grants a DVRO request, they include a no-contact clause barring the restrained party from contacting any protected family members or intimate partners at home, at work, at children’s school, or in shared personal spaces.

If children are involved, the judge can give you temporary custody of the children or order the defendant to pay child support. Also, the court can order the police to escort the defendant from the shared home or workplace to prevent contact. Additionally, it can prohibit the restrained party from contacting the children and deny visitation. With an NCO, the court denies visitation to the abuser even when it is safe.

Civil Harassment Restraining Order (CHRO)

A CHRO is a legal directive protecting individuals against harassment, stalking, threats, or abuse from people with whom you have no close relationship. The judge issues the orders against a neighbor, friend, colleague, or distant relative, such as a cousin, uncle, niece, nephew, or aunt.

A CHRO IS issued when there is abuse or harassment. "Harassment" refers to illegal violent acts, credible threats of violence, or a deliberate series of actions targeting another person and intended to cause that target to feel angry, annoyed, or harassed. These orders also include a “no-contact” language.

Steps for Obtaining an NCO

The steps involved in securing an NCO include:

1. Filing a Petition

A prosecutor can initiate a no-contact protective order after a defendant is arrested and presented in court for a crime, or a victim can request one when they feel threatened. During the initial court appearance, the prosecutor can request the court to issue no-contact orders to protect a victim of a crime, such as assault, sexual harassment, or stalking, from the defendant. In other instances, prosecutors request emergency hearings to convince the court to issue these orders.

Similarly, victims of domestic violence, stalking, and other crimes can visit the local law court and fill out the relevant NCO forms, depending on the protection they need. Once they fill out the forms, they pay a filing fee and submit them to the court with jurisdiction over the location where the alleged crime occurred. The NCO forms are available for pretrial and post-conviction cases. If you do not have the funds to pay the filing fee, you can request a waiver from the court.

The forms will specify the NCO rules based on the type of protection you seek. In some cases, the defendant could be ordered to relinquish their firearm rights until the court lifts the directives.

If you need immediate protection, you should inform the court clerk so that they can help you request an emergency hearing where the court will grant a temporary NCO to protect you until a permanent NCO hearing is held.

The NCo forms come with instruction booklets, so it should not be difficult to complete them. However, it is advisable to hire a competent restraining order attorney to help you with the process.

Once the forms are filled out correctly, you can file them by mail or take them to the court’s clerk in person for filing.

2. Emergency Hearings

You, the petitioner, or the prosecutor can request an emergency hearing if you are convinced the defendant could harm you again before the main hearing. Emergency hearings can be held on the same day as the application, as a judge is normally available to certify the orders. A temporary NCO can be issued in the defendant's absence and last for three weeks before the permanent NCO hearing. The court clerk retains the original legal directive and gives you copies of it. They will also inform you of the date and location of the next hearing.

3. The Process of Serving the Defendant

The temporary NCO does not take effect until the defendant or restrained party is served. Serving them with a copy of the legal directives constitutes a notice that you are seeking a no-contact order. You cannot serve the defendant with the forms directly. The law requires you to use the police or a friend or family member who has attained the legal age. Unless you are using a professional service to serve the defendant, no payment is required for this step.

If you are unable to serve the defendant within the duration of the temporary NCO, you should request another hearing to extend the temporary orders and postpone the permanent NCO hearing.

There are several ways you can serve the abuser, including:

• Giving the copies of the orders to an individual in the abuser’s home or workplace and then mailing another copy to the same address.
• Using a service by mail to the defendant’s address with a return receipt request to prove the mail was received.
• Publishing the orders in a local newspaper and sending a copy of the paper to the defendant’s address.

Once the defendant is served, the person doing the service must complete a form to inform the court that the restrained party was served.

4. Attend the Full Court Hearing

The court hearing will happen within 30 days before the temporary NCO expires. In the full hearing, the petitioner and defendant are both present. If it is the district attorney who requested the NCOs, they will be presented with the chance to present evidence to show that the victim's actions hurt you. The same goes for the petition: if you initiated it, you will have the burden of proving that you were harmed.

The court demands solid evidence before issuing a permanent NCO. For a temporary NCO, a sworn statement from you is sufficient to secure legal directives. However, when it comes to a permanent NCO, you must demonstrate with clear and compelling evidence that the defendant threatens your safety.

The evidence you can submit to build a solid claim includes medical reports showing the physical injuries or emotional and psychological abuse you sustained from the abuser's actions. Additionally, you can rely on the police report as evidence of the crimes committed against you. Furthermore, you can use emails, text messages, voice records, and written letters or notes to prove that the abuser caused you to fear for your safety.

Photographic evidence can also help you build a solid case. Pictures of the stalker around your home or workplace, or of property damage or injuries, can help support your claims.

The court will then give the defendant a chance to contest your claims before making a decision. They can choose to grant or deny your application for permanent NCO status.

If you want to increase the chances of securing a permanent NCO, you should hire a competent restraining order attorney to guide you through the court and represent you in the full hearing for a favorable verdict.

Lifting or Terminating a No-Contact Order

An NCO can be lifted orally or through a motion. The court considers several factors before granting the motion, including:

• The effects the termination will have on the petitioner
• Living arrangement between the defendant and the victim
• The defendant’s progress during the probationary period and their opinion
• The court’s verdict in the criminal case and whether the defendant was found guilty
• Whether the defendant is taking measures to rehabilitate, such as attending and completing a batterer’s program.
• Whether the abuser takes responsibility for their actions

The court will grant a termination if lifting the order will benefit both parties, the laws relating to the NCO have changed, or there is a significant change in the situation that led to the issuance of the legal directives in the first place.

Modifying No-Contact Orders

Victims can sometimes make oral requests to alter the NCO rules, especially if they are sympathetic to the defendant. The prosecutors discourage this because relaxing the rules exposes the victim to harm from the abuser.

The other way to modify the legal directives is through a court motion. Before ruling on the motion, the court considers the victim’s opinion. Even if they agree, the court is concerned about the accuser’s ability to protect themselves from physical and emotional abuse from the defendant in the absence of the NCO.

Lastly, the victim can also seek the modification of the NCO if it affects crucial aspects of their life. Whether you are a victim or defendant seeking an NCO modification, consult an experienced restraining order attorney for guidance.

No-Contact Order Violation

NCO rules can make life difficult for a restrained party, increasing the chances of a violation. If you violate the rules and the protected person reports you, you could be arrested and charged with a felony or misdemeanor NCO violation or contempt of court, depending on the case circumstances. During the court hearing for PEN 273.6 violation charges, the prosecutor will argue that:

• The court issued valid no-contact orders against you
• You were aware of the court directives
• You intentionally violated the orders
• You had the capacity to adhere to the no-contact orders

When convicted of a misdemeanor offense, the penalties you will face include:

• At most one year of jail incarceration
• No more than $1,000 in court fines

If you have repeatedly violated no-contact orders or your violation resulted in injuries, you will face a felony charge. Upon conviction, the court will impose no more than 36 months of imprisonment and a fine of up to $10,000. If the orders bar you from possessing a firearm, a violation will result in a fine of $1,000 or a jail term.

Once an NCO restrains you, stay away from any contact with the victim. Even if they reach out through text or email, responding is a violation and could result in severe penalties. Avoid the victim completely until the court lifts or modifies the orders.

Defending Against an NCO Violation

Contesting an NCO can be challenging, which is why you need an experienced lawyer to defend your rights and freedom. The common defense strategies the attorney will apply, contingent on your case’s facts, include:

• Arguing that the violation was not intentional and that you were not aware of its existence. You can use this defense if there is no proof of service.
• The rules of the legal directives were ambiguous or impossible to comply with
• The NCO was illegal and not issued as per the legal guidelines

Find a Competent No-Contact Restraining Order Attorney Near Me

California statutes have several ways of protecting victims of abuse or violence from their abusers. One of these ways is a no-contact restraining order, which prohibits all forms of contact between the restrained and protected parties. For the victim, an NCO provides safety, but for the defendant, it makes life difficult, and a violation can attract criminal charges.

At Goldman Flores Restraining Order Law Firm, we provide the legal support you need to navigate this process, whether you are seeking protection or fighting an NCO. Call us at 213-341-4087 to file or contest an NCO in Los Angeles.