What is a No Contact Order?
A no contact order (also called a “restraining order”) is a court order that prohibits one person from having any physical or verbal contact with another person. It is often used in cases of domestic violence, where a person in a domestic relationship (such as a spouse, child, or family member) has allegedly been the victim of physical or verbal abuse.
If a no contact order is issued, the alleged abuser is not allowed to have any direct contact with the alleged victim, including cell phone calls, texts, emails, or in-person visits.
What is a No Contact Order?
No contact orders come in various forms:
Temporary No Contact Orders (TNCO)
In Michigan, temporary no contact orders are frequently granted by a court on a temporary basis, awaiting a full court hearing on the matter. If the judge determines there is a risk of harm to the victim, the court may issue a TNCO during an emergency hearing at the victim’s request or on its own initiative.
A TNCO is usually granted in situations where there is an immediate threat of injury to the applicant.
This indicates that the person who is being shielded by the TNCO is in danger of soon being hurt by the other party. A TNCO might be required in situations like if you have been threatened with bodily harm, such as being hit, kicked, or punched. If you have experienced stalking, harassment, or other forms of abuse, a temporary no contact order will also be granted.
Civil No Contact Order
In Michigan, a court may impose a civil no contact order in a matter involving family law, such as a divorce or custody arrangement. This kind of order is frequently issued in situations involving domestic violence or harassment, and it lasts longer than a temporary no contact order.
Civil no contact orders could also have clauses stipulating child custody or financial support for the victim. For instance, if a couple is divorcing and one spouse’s behavior is causing worry, a civil no contact order may be granted to safeguard the other spouse and any children involved.
The order may specify child custody and child support guidelines for the same children, as well as a prohibition against the person having any contact with them.
Personal Protection Order (PPO)
An individual can be shielded from stalking, sexual assault, harassment, and other threats of bodily harm with the aid of a personal protection order, and is issued by a court in Michigan.
The person the PPO is issued against could be a close friend, a roommate, or someone the victim has dated in the past. A Michigan PPO is intended to make the victim feel protected and secure and to halt further abuse or harm.
In Michigan, there are two different kinds of PPOs: domestic and non–domestic. Domestic relationship PPOs are given out to safeguard those who are or have been associated with one another domestically, such as a spouse, ex-spouse, or family member. Non-domestic PPOs are given out to shield people who are not married or otherwise living together, but have been the target of harassment, stalking, or bodily threats.
In order to obtain a PPO in Michigan, the victim must petition for a restraining order by providing information to the court clerk. The victim has to present proof of stalking, harassment, or physical harm threats.
The respondent, or the individual against whom the PPO is issued, will receive a copy of the order and is responsible for adhering to its requirements. This order is often served to the respondent through registered or certified mail in order to ensure that they are aware of the terms and restrictions of the order.
The PPO is subject to challenge by the respondent at a hearing. This takes place within 14 days of the interim order’s issuance. Both the victim and the alleged abuser have the chance to present evidence and argue their positions during the hearing. The court will grant a PPO if it determines that the petitioner has proven a necessity for the PPO.
Breaching a PPO
In Michigan, breaking a PPO is a crime that carries fines, jail time, and other sanctions. Victims typically carry a copy of the PPO in hopes of being protected by it. Violations of the PPO are advised to be reported to the authorities as soon as possible.
If you violate the terms of the order, a police officer can be called to intervene and enforce the order.
PPOs are crucial for people who feel they are a target of harassment, stalking, or physical threats. They might stop additional abuse or harm and aid in making people feel safe. It is crucial to hire a criminal defense lawyer who can assist you with defending your legal rights, no matter if you require a PPO in Michigan or have one served against you. You can obtain the personal freedom you deserve by taking advantage of Blank Law, PC’s free consultation service.
I Have Been Served with a No Contact Order, What Now?
If you have been served with a no contact order, it is important to take it seriously and follow its provisions. A contact order violation is a criminal offense, and you will face criminal charges if you do not comply with the order.
If you have been accused of violating a no contact order, you should contact a Michigan criminal defense lawyer as soon as possible. Your attorney can help you understand your rights and defend you against criminal charges.
How to Lift a No Contact Order
It is possible to have a no contact order lifted or modified by the court. If you would like to have a no contact order lifted or modified, you can do so by filing a motion with the court. This will typically involve a court hearing, at which a judge decides whether to lift or modify the order.
Alleged victims that do not want the no contact order to be lifted or modified should inform the court of their wishes and attend the hearing to present their case.
How to Obtain a No Contact Order
If you are the victim of domestic violence or stalking and you need help obtaining a no contact order, you can contact a law firm that specializes in family law or domestic violence cases. An experienced criminal defense attorney can help you understand your rights and assist you in obtaining a no contact order to protect you from further harm. In some cases, it is possible to obtain a no contact order through the police or a local court. However, it is usually a better choice to hire a criminal defense lawyer to ensure that the order is properly issued and enforced.
Federal Law on No Contact Orders
Federal legislation acknowledges the significance of preventing injury to people as well, notably in situations of domestic violence. A federal statute known as the Violence Against Women Act (VAWA) offers services and assistance to victims of stalking, sexual assault, and domestic violence.
Additionally, it enables victims to ask a federal court for a protective order, which can be used to forbid an alleged abuser from getting in touch with them at all.
In spite of their immigration status, victims are permitted to get a protective order under the VAWA, which is applicable to all states and territories. Additionally, it offers financial support for a range of organizations and initiatives that help victims of domestic violence, like shelters and hotlines.
Federal Law on Restraining Orders
Federal law also allows for the issuing of restraining orders in stalking instances, in addition to the VAWA. A restraining order may be requested by stalking victims in federal court thanks to the Stalking Victims Protection Act, which is another federal legislation. This kind of order may forbid an accused stalker from contacting the victim in any form and may also specify certain restrictions, such as requiring the stalker to maintain a particular distance.
In general, federal law emphasizes the significance of defending people from danger, especially in situations involving domestic abuse and stalking. Victims can get protection orders in federal court to ensure their safety and wellbeing, and it offers victims support and resources.
Hire Blank Law, PC
If you are in Michigan and need help with a criminal case concerning a no contact order, you can contact the Michigan legal help website for more information and assistance. You can also visit the county clerk’s office in your local Michigan county to obtain a no contact order or to request that an existing order be lifted or modified.
You may be able to obtain a no contact order through the police or a local court, but it is usually best to seek legal services from an experienced attorney to ensure that the order is properly issued and enforced.
Attorney Nicole Blank Becker is an experienced lawyer who has helped numerous clients obtain no contact orders, and get them lifted or modified. Do not hesitate to contact us and her team at Blank Law, PC for a Michigan criminal defense attorney free consultation today regarding no contact orders.