DOMESTIC VIOLENCE RESOUCES

No Contact Orders vs. Orders of Protection vs. Restraining Orders

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While these terms are often used interchangeably, these three orders are issued under different circumstances. Please see below to see which one could apply to you.

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No Contact Orders

 

No contact orders are issued by a criminal court when there is an open criminal case or as a term of probation. A No Contact Order can be issued by the judge at Plea and Arraignment.

 

The Prosecutor’s Office does not issue the no contact orders. We will typically request a no contact order be issued by the court in many violent crimes and any complaints cases that are filed.

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If the Defendant violates an active no contact order it is a misdemeanor offense and should be reported to the police, as well as the Prosecutor assigned to your case.

 

Orders of Protection

 

Orders of Protection are not issued by a criminal court. These orders are handled by a civil Judge and are for domestic relationships where there is actual violence or a threat of violence. Examples of a past or present domestic relationship are:

 

• Dating Relationship

• Family Members

• Roommates

 

The prosecutor’s office is not involved in the Order of Protection process, and it does not issue Orders of Protection.

 

If you want to get an Order of Protection, you would need to go to room 105 at the Circuit Courthouse and file a petition. You will have to fill out a petition outlining the abuse and threats of violence. Once you have filed a petition, a hearing will be set to determine if a Judge will grant the request for an order of protection. You can hire a private attorney to represent you at this hearing or you can represent yourself.

 

If the Defendant violates an Order of Protection, it is a misdemeanor on the first offense.

 

Restraining Orders

 

Restraining orders are not issued in Criminal Cases. They are issued in civil cases under very limited circumstances.

If you are a victim of threats or threats of violence, you should look to see if you qualify for an Order of Protection. If you do not qualify, you should consult a private attorney to see what your options are.