How Does A Civil Protection Order Differ From A No-Contact Order?

Although many people think that an order of protection and a no-contact order are the same thing, they actually are not. There are many differences between the two and what they do. While the intention of both is to protect someone from harm perpetrated by someone else, they are distinct. Both are dictated and issued at the state level, and therefore vary in nature from state to state. The filing costs, the types of consequences for violating them, and how long they can stand are all decided at the state level.

If you are considering taking out an order of protection or a no-contact order, you have to decide whether you need it because you are in for fear for your safety, or if you need it to protect your individual rights in situations like divorce or other civil cases. Any order of protection, if violated, can come with significant consequences.

What is a no-contact order?

No-contact orders differ from civil protection orders because they result from criminal acts instead of civil ones; a judge won’t issue one in civil cases. No-contact orders are used to prohibit the alleged plaintiff in a domestic abuse case, or someone facing serious criminal charges, from having the ability to contact their alleged victim. Law enforcement officials or prosecutors are responsible for filing no-contact order requests with the court. The order is designed to protect an alleged victim from further harm or assault.

Unlike civil protection orders, like a restraining order, the victim doesn’t have to pay any costs to have a no-contact order issued. The no-contact order can either be temporary or permanent. In temporary situations, the defendant does not have to be present; it can be issued without the judge hearing any evidence. For a permanent no-contact order there has to be a trial to determine the validity of the charges. No-contact orders are usually issued so someone can be released pending a trial, and to ensure that they have no chance to hurt the other party before the case goes before the court.

What is a Civil Protection Order?

A civil protection order or a restraining order is a protective order issued to keep anyone who is either harassing or stalking a victim from continuing to do so. It isn’t used to punish a criminal; it’s actually a means to protect someone from being harmed in the future - not after a crime has already been committed, like in a no-contact order. It limits the person named in the order from being able to emotionally or physically harm the victim, either directly or through a third party.

Unlike no-contact orders, the person who feels that they are being stalked or harassed has to pay court fees to have the order of protection put into place. Once a person files, the court will review the documentation. While doing so, they will issue a temporary restraining order that will stand until a hearing can be scheduled, which is usually about 14 days from the time that the temporary order takes effect. For a restraining order to be issued by a judge, both the plaintiff and the defendant must go before the court to present their case. Once both sides are heard, the judge rules whether a permanent order should be in effect.

Restraining orders can be customized to the individual situation and the circumstances of the civil trial. They can limit how close a person can be from another, or they can just demand that harassing or stalking behavior be stopped. They are used to avoid the harasser from being able to continue the harmful behaviors that they display and to prevent those behaviors from escalating into violence.

No-contact orders and restraining orders differ in the way that they are filed, who files them, and why they are filed. If you have someone harassing you, then there is a good likelihood that it won’t stop if you don’t make it. Hire a lawyer who specializes in civil orders of protection to help plead your case in court and get the harassment to stop.