A no-contact order is a court order that prohibits the defendant from contacting the petitioner. The process for filing the order varies by jurisdiction, but usually involves filing a petition through the prosecutor’s office or a specific court. In cases of domestic violence, a judge may issue a temporary ex parte order, which usually expires within 30 days. In criminal cases, the prosecutor may request a restraining order to protect the victim from harassment or threats by the defendant.
A no-contact order, often called a restraining order or a restraining order, is an official court order that prohibits the defendant from having contact with the petitioner. How an applicant files the order often varies by jurisdiction, as well as the purpose for which the order is being sought. Usually, the process includes filing an official petition through the local prosecutor’s office or a specific court dedicated to such cases. In some situations, the prosecutor will issue a protective order on behalf of a victim in an ongoing criminal case.
In larger court systems in the United States, there is often a court dedicated to handling applications for protective orders. When a dedicated court exists, the petitioner – the person requesting the order – can usually obtain the blank forms needed to apply for the no contact order. In smaller court systems, the petitioner may be able to obtain assistance and guidance from the local prosecutor’s office. The signatory will need the full name and address of the defendant — the person the signatory is asking the court to ban from contact — to complete the forms.
The applicant must complete a petition for a protection order. The motion must include information about the plaintiff as well as the legal grounds for the judge to issue the order. The writ must also be completed and filed with the court in order for the defendant to be notified of the motion. The plaintiff must provide an address at which a copy of the petition and court date information may be served on the respondent.
When the reasons given in the petition are domestic violence incidents, a judge may issue an ex parte order immediately after receiving and reviewing the petition. An ex parte order is a temporary order granted by the judge without the defendant being allowed to defend the charges. In this case, it orders the defendant to have no contact with the plaintiff, but it usually expires within 30 days. A hearing will be ordered by the court within 30 days to give the defendant an opportunity to defend himself against the allegations. The judge can then make the order permanent or reverse the order ex parte.
When a no-contact order is requested as part of a criminal case, the prosecutor usually requests the order during the initial hearing. Restraining orders resulting from criminal proceedings are often required to protect a crime victim from harassment or threats by the defendant. For example, if a convenience store employee was robbed, the prosecutor may request an injunction prohibiting the defendant from contacting the victim in any way.
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