Orders of Protection, No Contact Orders, and Restraining Orders: The Differences and Why They Matter
When you are experiencing domestic violence, the last thing that seems important is distinguishing the differences between legal terms that we all may be familiar with: Orders of Protection, No Contact Orders, and Restraining Orders. But, if you are in a situation where you need the police to respond, knowing the difference could make the difference between your abuser going to jail or coming right back after the police leave. The differences in these terms are sometimes small but have significant impacts.
Order of Protection
An Order of Protection is a semi-civil/semi-criminal case. These are for people who are experiencing abuse, threats, and violence. You have to be related, share children, or be in a romantic entanglement with the abuser in order to get one; dating or recently dating. You must be able to demonstrate a reasonable fear of future harm. You will fill out an affidavit, and state in the affidavit all of the past harm (especially recent harm) that has occurred to you. If you are filling out such an affidavit, be broad in your statements, “He has physically abused me,” “She has verbally threatened me,” but make sure to also include a few of the most violent or threatening instances, “At that time she threatened to shoot me in front of the children.” You can show a reasonable fear of future harm by your testimony, text messages, photographs, or other evidence such as witness testimony.
You get an Order of Protection by going to the Prosecutor’s office and speaking to the Victim Coordinator. They help you file it, but will not be your attorney. If the Order is granted, a hearing date will be set and a temporary Order of Protection will be issued until that date. You should provide a copy to any doctor, daycare, or school if the Order protects the children and you should keep a copy on you at all times. You must attend the hearing or the case will be dismissed.
Our office handles Orders of Protection all the time for clients, though we cannot represent every client. An OOP allows you to call the police and have your abuser arrested if they violate the order by contacting you or confronting you. They have an expiration date. If you get an OOP, your abuser is barred from owning guns. A victim can willingly drop on OOP at any time. You cannot get in trouble for violating your own protection order, however, the police may be unwilling to remove the offender if you go to them of your own accord. If they violate the Order of Protection, they can be arrested and charged with the violation. This begins as a misdemeanor, but several violations can result in a felony charge. These orders can apply to your children. This order also applies to third parties acting on behalf of the abuser.
No Contact Order
A No Contact Order is basically the same as an Order of Protection, but it comes out of a criminal case. Usually, if charges are filed against an abuser, the Court will, on its own accord or via request from a prosecutor, file a No Contact Order barring the abuser from going near the victim or communicating with them. However, this is not something that a victim can initiate themselves; a victim also cannot overturn the No Contact Order by themselves. The victim may call the police and have the order enforced if the abuser violates the order. The abuser can be arrested and charged with a violation of this order. This order can also, sometimes, apply to third parties acting on behalf of the abuser.
Restraining Orders
It is very common for a victim to believe that the restraining order in their divorce will protect them if something happens. A Restraining Order is not anywhere near as intense as either of the above Orders. These are almost exclusively used in divorces and bar the parties from harassing communications, violence, etc. However, you cannot enforce a Restraining Order by contacting the police. You enforce a Restraining Order by filing a Motion for Contempt in the civil case --- it’s a longer process to enforce and potentially expensive if you don’t have a free attorney. Violating these types of orders can have an impact on the outcomes of the case, but a restraining order will not help you in an emergency. There is always a chance that a Motion for Contempt will result in jail time for the offender, or a fine as well, especially if you have to file a second Motion for Contempt. However, jail time and fines are not guaranteed and a restraining order is not the same thing as an OOP or a No Contact Order. These orders rarely apply explicitly to third parties acting on behalf of the abuser.
How We Can Help
If you need protection immediately and fear harm in the future from an abuser, the best thing you can do is file for an Order of Protection prior to filing for divorce; this gives you an element of surprise and protection while the divorce is pending. If you need help with filing an Order of Protection or a divorce, please call our Helpline today at 1-800-950-5817.
