No contact orders are issued by the court for various reasons including domestic violence. A person accused of violating this order can be put behind bars and may also have to pay a fine. This order may remain in force as long as the issue of domestic violence is not resolved. However, it can continue even after a resolution to the case has been declared. With the help of a lawyer, it is possible for the restrained person to appeal and get an order for third party, supervised or full contact with the victim. If there is no criminal history or the defendant receives favorable evaluation regarding the domestic violence treatment, it is possible that the court allows for contact under certain limitations.
It is important to remember that violation of no contact orders can occur even when the restrained person makes a contact through electronic communication. It involves contacting the victim through email, phone calls or phone text messages. All such communications are treated as violation of the restraining order. There may also be clear instruction about how close the accused person can come near a specific location or the victim. The distance is clearly specified in measurable unit. It can be problematic if both the defendant and victim live within the same location, work together or have children together.
Unfortunately, the restrained person can be accused of violating the order even when the process to contact was initiated by the victim. It is because there is no restriction on the victim to initiate contact with the accused. If the defendant replies to the victim or continues to be in close proximity of the victim, it is considered a violation. There can be an honest mistake or an accident that results in contact between the two persons. Even in these situations, the police can make an arrest. It is important to remain silent and take help of a criminal lawyer as soon as possible after the arrest. The lawyer examines the order, evidences and circumstances to prepare defense of the defendant. Clients put under restraint are often accused of violating the restraining order. A lawyer can help dismiss the case or reduce charges significantly.