What is a ‘No Contact Order’ in Alabama?
No Contact Orders are legal instructions ordered by a judge to a person. As the name suggests they are orders that a person not contact, communicate, or interact with someone. These orders might be given due to an altercation between people (like a couple) or for higher-level offenses like sexual harassment. Sometimes these orders can be given due to an intense divorce as well. The terms No Contact Order, Restraining Order, or Protective Order are used interchangeably sometimes. Still, these are all legally and technically different. Make sure to read the rest of this article to find out more.
‘No contact order’ vs restraining order
A No Contact Order is very similar in scope and definition to a restraining or protective order. No Contact Orders usually take place after an allegation of abuse or an altercation have already taken place. This can be because of domestic violence or an intense situation a victim finds themselves in with someone else. No Contact Orders can also be issued after an abuser is arrested and detained. Usually, a judge will order this for the duration of the pre-trial time period and extend it based on their discretion.
Restraining Orders essentially accomplish the same things but they’re usually ordered before an allegation of an attack or violence. Laws vary from state to state. These two orders and orders issued under Alabama’s Protection from Abuse Act (Protection Orders) have slightly different consequences for those who violate them. To get a full understanding of the law it’s best to contact a criminal and family law attorney like Warren Freeman. An attorney can help guide and represent you that way you can focus on moving forward.
How long does ‘No Contact Order’ last?
In Alabama, there are three types of orders a judge can issue due to an allegation of criminality. These are, as mentioned above, restraining orders, no-contact orders, and protection orders. Protection orders can last anywhere from 30 days to a year. They are usually initially ordered as a Temporary Protection Order (TPO) and last from the moment it is filed to the moment a judge hears a case. After the hearing, the judge can extend or rescind the order. A No Contact Order can be indefinite but it can have a yearly renewal process.
How can a victim get a ‘No Contact Order’ lifted?
Judges have wide discretion when it comes to issuing and lifting a No Contact Order. In criminal cases, a bond (condition of release) can have a no-contact order weaved into the terms of release. So, in cases like this, an order can be issued without the implicit knowledge or request from the person who has been abused. The same discretion applies to those victims requesting an order be lifted. Judges can sometimes agree with the victim and release the accused abuser from restraint or they can disagree with the victim and keep the order in place.
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