No Contact Orders in Oregon and Domestic Violence Cases
Many people make the assumption that a no-contact order in Oregon is the same thing as a restraining order. The main difference is that a restraining order is temporary while a no-contact order is binding and can only be removed by the district attorney or judge working on your case. Often, criminal charges must be previously filed or be in the process for a judge to order a no-contact order. Let’s go over the rules of a no-contact order and the implications of dealing with one in a domestic violence case.
What is a No Contact Order?
A no-contact order prohibits a person from being in contact with another person both physically and verbally. This includes being face-to-face, phone calls, texting, and social media contact. Unlike a restraining order which exists to protect someone from harm, a no-contact order is filed when criminal action has already taken place. With a restraining order, no previous altercation needs to have happened. No-contact orders are commonly sought in cases of domestic violence, criminal matters, stalking, or any situation where someone feels threatened or unsafe.
No Contact Order Rules
The court will order specific rules once a no-contact order has been filed. This will entail such details as how many yards to stay away from the victim along with a specified time the order will stay in place. The defendant isn’t allowed to see the victim at home, work, or school and must stop any and all communication. The petitioner, or victim of the order, may ask for an extension at the end of the assigned time period. The judge may also lift the order at this time if they feel the petitioner is no longer in danger.
How Long Does a No Contact Order Last?
In most cases, a no-contact order remains in effect until either the defendant is sentenced or the case is dismissed. Upon a domestic violence conviction, the court can make a no-contact order a condition of probation. This essentially means that the defendant has to follow the rules of the no-contact order as long as they are on probation. Probation is commonly a year but most certainly can be longer.
Does a No Contact Order Go Both Ways?
A no-contact order does not go both ways. The victim in the situation is legally able to contact the defendant. With that said, if the victim is
constantly initiating contact, the court sees this as compelling evidence that the victim isn’t in fear of contact. This will be important if the victim seeks an extension of the no-contact order.
Keep in mind that a victim that is continually making contact with the defendant may be setting the defendant up for a violation of their order. This is yet another reason it’s in your best interest to hire a trusted attorney.
Civil No-Contact Order
A civil no-contact order may be issued when both individuals in the situation aren’t related or romantically involved. In most cases, the offender would be someone the victim has never met, such as a stalker.
Domestic No-Contact Order
When speaking about a domestic no-contact order, the victim and the defendant must either be husband and wife or domestic partners. Step-relatives, in-laws, parents of adult children, or parties living together or that previously lived together fall under the domestic no-contact order. If there are children involved, the judge may grant a temporary custody order to a parent or relative. This will happen only once the defendant has been removed from having contact with the endangered child.
How Can a Victim Get a No Contact Order Lifted?
A victim does have the authority to get a no-contact order waived by following a two-step process. However, the requirements involved make it a rather difficult thing to accomplish. The victim must first initiate the process, then demonstrate to the court that the no-contact order is causing him or her hardship. They must also show that the no-contact order is also impacting the community where the victim resides.
The victim must first file a Petition to Waive the No-Contact Order with the court that has jurisdiction over the case.
After a hearing on the Petition, the court must find that waiving the no-contact order is in the best interest of both parties and their community.
Since the victim provided evidence to the police to arrest the defendant in the first place, it’s unlikely the prosecuting attorney will grant a waiver. Allowing a waiver of the no-contact order may play a part in undermining the fact that the defendant is guilty of an act of domestic violence.
No matter what is required of you to attempt getting a no-contact order lifted, it’s always a good idea to work with an attorney. An attorney can be the mediator needed to maintain civility in a situation where emotions tend to run high. In such serious matters, having knowledgeable and experienced representation by your side can make all the difference.
What Happens if the Victim Violates a No-Contact Order in Oregon?
When a no-contact order is violated, the violator can spend up to six months in jail. They could also then be required to pay the attorney fees for the other party as well. A no-contact violation happens anytime the defendant comes in contact directly or indirectly with the protected person. If the defendant violates the order in multiple ways, the consequences will be much more serious. Jail time, a misdemeanor, or a felony may be the end result. Even if the victim wants contact with the defendant, no contact whatsoever is allowed.
Conclusion On No Contact Orders
The state of Oregon takes domestic violence very seriously. If you’ve been charged in a domestic violence case, you’ll need an experienced Oregon attorney by your side. Shannon Powell with Powell Law is a criminal defense attorney in Beaverton serving the entire Portland area. He will work harder and be more prepared to defend you or your loved one on all charges than any other representation around. Shannon will represent anyone, no matter the circumstances!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
