Protective Orders Or No Contact Orders May Be Issued In Conjunction With Domestic Violence Cases
Interviewer: When I’m talking about protective orders or no contact orders, which are the ones pertaining to domestic violence?
Brett Hollett: Both. A lot of times, during the pendency of any case, there will be a no-contact order issued from the court. If the victim had previously gone to the court and filed a protective order, then that will remain in place as well. The protective order will require the defendant to refrain from communicating with or being within physical proximity to the alleged victim. Conditions will be placed on the defendant’s bond and the defendant violates the protection order he is committing another class A misdemeanor and could face mandatory jail time
The Protective Orders and Restraining Orders are Interchangeable
Interviewer: What’s the difference between protective orders and restraining orders? Is that the same thing pretty much?
Brett Hollett: They’re kind of interchangeable in domestic violence cases. You can receive a restraining order in a civil matter or an injunction that would stop an individual from doing something. In domestic violence cases a protective order is basically a restraining order from abuse, so they call it protective order from abuse.
Weapons May be Confiscated if a Protection Order is Issued Against Someone
Interviewer: If I had a protection order on me, would my weapons be taken away?
Brett Hollett: Yes. I temporary restraining order or protection order from abuse will result in your temporary loss of your right to carry a firearm. If the temporary restraining order is lifted your rights will be restored. However, if you are convicted of any domestic violence offense or have a permanent restraining order entered against you, you will lose that right to bear arms.
Protective Orders May become Permanent If the Situation Calls For it
Interviewer: Do these protective orders ever become permanent like after the case, I mean do they become permanent if the case is bad enough or the situation is bad enough?
Brett Hollett: Sometimes. It may be a part of the settlement. I mean in order to settle the case or you know even if you go to trial, the judge may say this protective order’s going to remain in effect. And if you violate the protective order, you would be subject to additional charges and would have to go back to court to answer those charges.
All Contact Should Be Avoided Between the Defendant and the Alleged Victim in a Domestic Violence Case
Interviewer: What would happen if, let’s say, I was in the middle of a situation that involved domestic violence and the alleged accuser attempts to contact me like maybe through a text message or a phone call, should I try to contact them back or what should I do?
Brett Hollett: I would say absolutely not. You are setting yourself to violate the protection order. Your bond could be revoked and you may be facing additional charges.
Contacting An Alleged Victim in a Domestic Violence Case is Construed as a Violation of the Protective Order
I would just save the contacts that you have and you could share them with your attorney and show them that this person’s trying to contact you while the case is still pending. If you contact that person back, you don’t know what they’re going to do with that communication. As I previously stated, you’d also be potentially violating a court order from the protection of abuse order that was in place, so it’s not a good idea to contact the victim in the case.
A Defendant in a Domestic Violence Case Should Not Contact the Alleged Victim Directly
Your attorney or their investigator can attempt to contact the victim and obtain a statement. If the victim wants to talk to the prosecuting authorities about trying to seek a resolution in this case or not pursuing this case, the attorney or the investigator could then direct them to contact those people directly. If you’re the defendant in the domestic violence case, I would not suggest contacting the victim directly.
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