Understanding No-Contact Orders

Last Modified: April 14, 2025
Understanding No-Contact Orders

At Perlman & Cohen Los Angeles Criminal Lawyers, we help clients facing criminal charges linked to No-Contact Orders. These legal tools stop one person from contacting another. They can limit your freedom and hurt your relationships. Breaking these rules can mean jail time and fines. Our criminal defense attorneys know how to help during this challenging time.

Our Los Angeles Criminal Defense Lawyers Can Help With No-Contact Orders

When you get a No-Contact Order, call our defense attorneys right away. We have helped many Los Angeles clients with these legal limits. Our team has fought false claims and changed strict conditions that hurt child custody plans.

We know these orders often come up during tough family law fights or domestic violence situations. Claims might be made up or blown out of proportion. Our lawyers will look at the evidence and build a strong defense to protect you. Don't wait until you break an order by mistake—call us today.

What Is a No-Contact Order?

What Is a No-Contact Order?

No-contact orders are legal tools in California's justice system. They set rules to keep people apart during legal cases. Let's look at what they are and how they differ from other orders.

Legal Definition and Purpose

A No-Contact Order is a court rule that stops the restrained party from making any contact with the protected party. This covers:

  • Direct contact, like being near the person
  • Phone calls or texts
  • Messages sent through other people (indirect contact)

Courts make these orders to shield alleged victims from potential harm during criminal proceedings. They're common in domestic violence, stalking, or sexual assault cases.

How No-Contact Orders Differ From Other Protective Orders

Restraining orders come from civil cases and require the protected person to file papers with filing fees. No-contact orders often come straight from criminal cases as a condition of bail. They have stronger penalties than civil protection orders. Unlike restraining orders, which might allow some contact, No-Contact Orders ban all forms of contact.

Types of No-Contact Orders in California

California has different types of No-Contact Orders. Each type addresses specific threats and gives unique legal protections. Knowing which one applies to you helps in your defense.

Domestic Violence No-Contact Orders

When domestic violence charges come up, courts often make special No-Contact Orders. These apply to current or former spouses, domestic partners, romantic partners, and close relations. Courts usually issue them after a domestic violence arrest, even before conviction. They can stay in place through the whole legal process. These rules can change where you live, your child custody plans, and your freedom.

Stalking and Harassment No-Contact Orders

For cases involving stalking, harassment, or threats of violence, courts issue orders to prevent unwanted or threatening contact. These address when someone keeps contacting or following another person. California views stalking as a serious criminal offense. Breaking these orders often leads to aggravated stalking charges with harsher penalties. Law enforcement officers respond quickly to reported violations.

Emergency vs. Permanent No-Contact Orders

Courts can make temporary emergency orders during an initial hearing, often without the restrained party there. These give quick protection but last only until a formal hearing. At this later hearing, both sides can present their case, and the judge decides about making a permanent order. Permanent orders may last for months in jail or years and have more specific rules. Moving from a temporary to a permanent order requires stronger evidence of abuse or a threat of violence.

California's No-Contact Order Laws

California's No-Contact Order Laws

California has clear laws about No-Contact Orders that differ from those of other states. Understanding these matters is important for both following and fighting these orders.

Key Differences From Other States' Laws

Unlike some states, which treat all violations the same, California uses different criminal penalties based on the severity of the violation. California also gives its courts broader authority to take enforcement actions. Because the state handles cross-jurisdictional issues, orders from one California court work across the whole state.

Specific Provisions Under California Law

California Penal Code Section 166 covers contempt of court for violating protective orders. Violations can result in misdemeanor charges and up to one year in county jail. For domestic violence orders, repeat violations can become felonies. Judges can create specific rules within each order, from no communication to limits on how close you can be to someone's home or workplace.

How No-Contact Orders Are Issued

Getting or fighting No-Contact Orders involves specific legal steps. Here's what happens in this process.

The Petition and Filing Process

For court-started orders in criminal cases, prosecutors ask for them during arraignment or an emergency hearing. The judge then decides whether to make this a condition of release. For victim-started orders, the person seeking protection must fill out a contact order form and give it to the court. The filing changes based on whether it's a Domestic Violence Protection Order, Civil Harassment Order, or another type. Some courts waive filing fees for abuse victims.

What Evidence Is Required

Courts need different levels of evidence:

  • For emergency orders, a sworn statement about the threat may be enough.
  • For permanent orders, courts need stronger evidence of abuse.
  • This can include police reports, photos of injuries, threatening messages, or medical records.

The person must show real fear of future violence. In domestic violence cases, courts often use a lower evidence standard to keep alleged victims safer.

Court Hearings and Procedures

After filing, the court sets a hearing, usually within days, for emergencies. At this first hearing, the judge may make a temporary order. Then, a full hearing happens where both sides can show evidence. During this hearing, both parties may call witnesses and make arguments. The restrained party has the right to a lawyer and to challenge claims. If the judge finds enough evidence, they will issue formal no-contact orders with exact rules and time limits.

Consequences of Violating a No-Contact Order

Consequences of Violating a No-Contact Order

Breaking a No-Contact Order brings serious problems. These affect your freedom, money, and future.

Criminal Penalties in California

Violations usually bring misdemeanor charges. First-time offenders may face up to one year in county jail and fines up to $1,000. Repeat violations or those with violence can become felony charges with prison time. Even small violations like sending a text count as breaking the order. The legal system takes these very seriously, and judges rarely excuse violations, even for "innocent" reasons.

Impact on Pending Criminal Cases

If you already face criminal charges, violating a No-Contact Order can ruin your case. Judges see violations as showing disrespect for the court. This can lead to bond revocation, meaning immediate jail time while waiting for trial. Plea deals may vanish, and prosecutors might seek the harshest penalties. The violation itself becomes evidence against you in the main case, especially in domestic violence situations.

Potential Jail Time and Fines

California courts use a step-by-step approach:

  • First violations typically result in 30 to 90 days in jail.
  • Second violations often result in 6 months or more jail time.
  • Third violations can lead to maximum penalties and additional jail time.

Beyond jail, penalties include fines plus court costs, probation fees, and required counseling. For working people, these also mean lost income. In domestic violence cases, the court may also require a 52-week batterer's program at your expense.

Defending Against No-Contact Orders

If you are facing a No-Contact Order, you have options. Our defense attorneys use several effective strategies to fight unfair restrictions.

Challenging the Basis of the Order

We start by checking the evidence. Often, these orders come from one-sided stories. Our team looks into whether the alleged events really happened. We check for:

  • Inconsistent statements.
  • Lack of proof.
  • Signs that claims came from revenge or trying to gain an advantage in child custody.

In many cases, we can show that the alleged threat does not exist or that the fear is unreasonable.

Modifying or Terminating an Order

Even when an order starts fair, things change. We help clients ask for changes when the order causes problems, like stopping access to children or hurting your job. We can ask for exceptions, like allowing supervised visits or talks about shared children. When the protected party no longer fears harm, we help file papers to end the order. This works well when both people have had counseling.

Proving False Allegations

Some people use No-Contact Orders as weapons in personal fights. We've helped many clients prove that allegations were made up. This means gathering:

  • Witness statements.
  • Messages showing the accuser's true plans.
  • Proof of the accuser's history of making false claims.

We also look at why—is the accuser trying to win in divorce or trying to punish you? Showing these hidden reasons can be very effective in court.

No-Contact Orders vs. Restraining Orders

Many people mix up these two legal tools. Understanding their differences helps with defense and following the rules.

Key Legal Differences

Criminal courts issue no-contact orders as conditions of release during a pending case. Restraining orders start in civil proceedings and require the protected party to initiate the process. No-contact orders ban all communication and contact, but restraining orders sometimes allow limited contact, such as for child exchanges. Law enforcement treats breaking either order seriously, but No-Contact Order violations more directly affect criminal cases.

When Each Type Applies

Courts issue No-Contact Orders mainly in criminal cases involving violent crimes, threats, or harassment. These start working when criminal charges are filed. Restraining orders work in wider situations, including workplace violence or neighbor disputes.

Civil harassment restraining orders protect people without close relationships, while domestic violence restraining orders apply to family members. When minor children are involved, family courts might make restraining orders with rules for custody, while criminal courts make No-Contact Orders focused on keeping people apart.

What to Do If Served With a No-Contact Order

What to Do If Served With a No-Contact Order

Getting a No-Contact Order can be scary. Your first actions will greatly impact your case. Here's what to do.

Immediate Steps to Protect Your Rights

First, read the order carefully. Then, follow these rules, even if they seem unfair. Keep copies of all papers. Do not contact the protected party for any reason—not to say sorry, explain, or get your things. Instead, call our law firm right away. Start collecting evidence for your defense, like texts or witness statements that support your side. If you share a home with the protected party, find somewhere else to stay and have someone else get your essential items.

Why You Shouldn't Violate the Order

Even small contact can result in new criminal charges. Courts don't accept excuses like "she called me first" or "I just needed my stuff." Each violation risks jail time, and multiple violations bring bigger penalties. Violations also strengthen the protected party's case. They create a record that can hurt future cases, including custody matters. Many clients face the worst penalties, not from the original claims but from breaking orders when they didn't need to.

How a Criminal Defense Attorney Can Help

Our criminal defense lawyers give crucial help during this hard time. We:

  • Make sure you understand all the rules.
  • Look into the claims and build your defense.
  • Talk with prosecutors about changing or dropping the order.
  • Speak for you at hearings.
  • Help gather evidence that supports you.

Most importantly, we provide clear advice when feelings might cloud one's thinking, helping one make choices that protect one's future.

Contact Our Los Angeles Criminal Defense Attorneys Today

Contact Our Los Angeles Criminal Defense Attorneys Today

If you're facing a No-Contact Order, Perlman & Cohen Los Angeles Criminal Lawyers will fight for you. We know these often result from misunderstandings or false claims, and we've helped many clients overcome unfair restrictions.

Don't try to handle this alone. Our criminal defense attorneys offer free talks to discuss your case. We're available 24/7 for emergencies, including weekend arrests or sudden order changes.

Contact us today or fill out our online contact form to set up your private case review. With our experienced defense attorney team, you'll have strong support protecting your freedom and future.

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