When you are accused of domestic violence, a judge or criminal court may issue a No Contact Order against you. This order is issued to protect the alleged domestic violence victim from future violence, harassment, or threats. This includes stalking, sending emails, Facebook contact, and telephone conversations. The No Contact Order also protects other family members from violence or harassment.
By definition, a No Contact Order is an order that prevents the Defendant from having any contact with the alleged domestic violence victim. Unless the case is resolved or the order is removed, No Contact Orders can last up to 3 years. This is a very long time and can significantly restrict your freedom and your ability to contact your loved ones.
When you first appear in court in the State of California, the judge will make the decision whether to issue a No Contact Order. If you are issued with a No Contact Order, the order will specify exactly what you can and cannot do. Sometimes, the order will allow some types of contact, but no hostile, offensive, or annoying contact of any kind is ever allowed.
If you violate your No Contact Order in the State of California, you will be arrested and charged with a misdemeanor offense, and could spend up to 6 months in county jail.
Unfortunately, there are times when you may accidentally violate your No Contact Order. Domestic violence victims may desire to work through relationship problems or they may regret pressing charges. As a result, they may initiate contact with the Defendant, call or even text. Even when the victim initiates contact, however, you are not allowed to have any contact with them until your order is removed.
Dan and Carla had a volatile relationship and were constantly arguing. One night, things went a bit too far and Carla accused Dan of domestic violence. The judge issued Dan with a No Contact Order and Dan was required to remove his possessions from their home. A year later, Carla began calling Dan wishing to reconcile. She left several messages on his answering machine and emailed him daily. Dan also wished to get back together with Carla, so he returned her phone calls. Even though Carla was the initiator, since the No Contact Order was against Dan, he was legally bound NOT to call her or contact her in any way. Doing so puts him in violation of his Order.
With the right legal representation, your attorney can fight on your behalf so you are not issued with a No Contact Order. These orders and other types of restraining orders can make life unnecessarily difficult for you and your family. They can interfere with job opportunities, parenting time, and even cause financial hardship. No Contact Orders can even leave you temporarily homeless and in search of new friendships and social circles.
No matter how strong the domestic violence charges are against you, there are methods for mounting a defense against them. Call (510) 907-6600 to set up a free consultation with our Oakland domestic violence attorney today.