Re-Blog #10: No Contact Orders

Originally Posted: Mar. 22, 2013 - http://batchelorstammlaw.com/2013/03/no-contact-orders/

Has your partner or someone you know taken out a no contact order against you?

What is a No Contact Order?

A no contact order is a legal decision made by a judge which restricts behaviour. You cannot contact the person who has taken the no contact order out against you. This means you cannot call, text or communicate in any way with this person. Communicating includes messages through other people, Facebook messages or Twitter updates. If you communicate with the person who has taken out the no contact order you are committing a crime.

There are four different types of no contact orders; it is important to know which type applies to you. Each type is described below.

1. A condition of release from custody before trial: If you have been arrested for assaulting or threatening your partner, a police officer, justice of the peace or judge may order that you do not contact your partner until your trial.
2. A condition of probation: If you plead guilty or are found guilty of a crime, you may be given probation, which is a court order to not do certain things for a specific period of time. One of the things you may not be able to do is contact your partner, which is the no contact order condition of your probation. A probation order lasts for up to three years.
3. A criminal peace bond: A peace bond is a court order to prevent you from committing a crime or harming someone. Your partner may ask for a peace bond, in which case you will have to attend court to see if the peace bond is justified. A peace bond may last for one year.
4. A civil restraining order: A restraining order is a civil order which mean you cannot contact, or go physically near the person who has taken the restraining order out against you. Restraining orders may last for long periods of time, based on the judge’s discretion.

IMPORTANT to keep in mind if you have been given a No Contact Order

• If your partner has taken out a Contact Order against you they have the right to change the locks at your house to make sure you do not enter. Your partner may change the locks to your house before you are released from lock up.
• No contact orders can be in effect for different amounts of time. It is vital to know how long your no contact order is so that you do not breach it.
• You cannot communicate with the person who has the no contact order against you, even if they contact you first. If the person communicates with you and you respond, you will be charged with a criminal offense.
• You can apply to the court to have a no contact order changed. A judge will decide if the order can be changed.
• Do not return to your home under any circumstances if your partner has taken out a no contact order. If you need to collect your clothes, laptop or anything else, contact a lawyer, a court worker or justice counsellor to find out how retrieve your possessions.

If you have children and a court order or a No Contact Order has been taken out against you

Your partner may have gotten a court order which allows you to see you children under supervision only. If you do not believe this is in the best interests of the children you may contact your lawyer, a family justice counsellor or see the family law website (www.familylaw.lss.bc.ca) for advice on how to have this order changed.

In order to ensure you can continue to see your children,you can talk to a family justice counsellor who will explain the steps that can be taken through family court (as opposed to a criminal court) even if your partner has taken a restraining order out against you. You may have to get a court order to have access to your children.

If you have to go to court after a domestic violence incident

If you have to attend court, you can either represent yourself or have a lawyer represent you. If you chose to represent yourself it is wise ask for help from a duty counsel or a court worker to make sure you understand the court procedures. If you do hire a lawyer, it is important to make sure they understand your position and the facts you want the judge to hear. The only time you will have the opportunity to talk to the judge directly is as a witness or after you are sentenced at the end of the trial.

Going to court

If you have been accused of a crime you will have to go to court. In court you will either plead guilty or not guilty to the crime you are accused of. If you plead guilty, you will not have to go to trial, but you will still be sentenced in a court. The prosecutor, or the lawyer bringing the charge against you, will ask the judge for a specific type of sentence. After this, you or your lawyer will explain your side of the story to the judge. Finally the judge will decide what your sentence should be.

If you plead not guilty, you will have to go to trial. A trial is an opportunity for the prosecutor to have witnesses explain the situation to the judge. You or your lawyer will then be able to put forward a defense to the judge. A defense is a legal argument to avoid being charged with a crime. During the trial, if you are found guilty, the judge will sentence you.