What Is A Domestic Violence No Contact Order? What Can and Can’t I Do?
If you have been charged with a crime of domestic violence, then the judge likely imposed a No Contact Order while the case is pending. What is a No Contact Order? How does it work? This article will help explain the parameters of a No Contact Order.
At your domestic violence arraignment, your smartest move is to tell the judge “not guilty”. Doing so will protect your rights and your defenses. At arraignment, the judge will decide whether to impose a No Contact Order with the alleged victim while the case is pending. In most cases, the judge imposes this order as a condition of release. It is very important that you not violate the judge’s ruling.
Violating the No Contact Order is grounds to have you taken into custody, and could also result in the prosecution adding new criminal charges against you. Prosecutors often treat violations of a No Contact Order just as seriously, if not more seriously, than the underlying charge itself.
What am I allowed to do? What am I prohibited from doing?
Pay close attention to what the judge orders of you. In many No Contact Orders, judges in Clark County will usually prohibit you from going near the alleged victim’s residence, school, or place of employment. If you live together, then this likely would mean you vacating the residence and living elsewhere while the case is pending. The judge would prohibit you from contacting or having any communication with the other person, and prohibit you from directing others to contact the other person for you.
If you are forced to vacate your house, but your property is there, then ask the judge to allow third-party contact to retrieve personal belongings. This can often be achieved through arguments made by your attorney.
If you have children together, a No Contact Order can affect your family situation. Talk to a good lawyer about your options. If you share children with the alleged victim, the judge may allow for child visitation and drop-off, or written communication to arrange for childcare.
Can the No Contact Order be dropped?
Either party may petition the court to modify the No Contact Order. The judge takes into account how long your case has been pending, whether you have been abiding by the No Contact Order, if you have a violation of a No Contact Order pending, if you are in compliance with supervised release, and whether the alleged victim wants the No Contact Order dropped.
If you are seeking to vacate or expunge a domestic violence conviction, the court will look for any violations of a No Contact Order.
No Contact Orders can be complex, and the consequences for violating them can be dire. Talk to a domestic violence lawyer to discuss your options today. Contact us for a free consultation.