A no-contact order is a judicially entered order that essentially tells a person to stay away from you, typically associated with domestic violence cases. It is illegal to violate the order, and doing so may result in further charges of criminal contempt. If the person contacts you, call the police non-emergency number or go to the station to file a report. They will want copies of the no-contact order and any other court papers associated with this matter.
What to Do if You Violate the Order
Whether you’re the victim of domestic violence or you have an order in place against someone, it’s crucial to avoid contact. Depending on the specifics of your order, this may mean anything from not saying hi to them in public to not texting or emailing them. If you see them in person, you should call 911 immediately. However, if they contact you online or through third parties, such as mutual friends, it’s essential to document that and report it to the police. The best way to do this is by going down to the station in person and talking to a police officer directly. Violating a no contact order in Nebraska is treated like a criminal offense, usually as a misdemeanor, and the defendant can face significant fines and possibly jail time. Speaking with an attorney and understanding your rights is always a good idea. They can help you navigate the legal system in Nebraska, especially if you’re trying to get an order lifted.
How the Order is Enforced
A judge can issue a no-contact order or a civil protection order (CPO) after an allegation of domestic violence. These orders prohibit the accused person from contacting the victim in any way for a set period. These orders are usually associated with criminal cases where there has been an alleged assault or other violent act and also in divorce cases that involve allegations of domestic violence. Proving that a no-contact order has been broken is typically very simple. All you have to do is show that a judge entered the order, the accused person had notice of it, and they contacted you anyway. It would be difficult for a restrained person to argue that point.
However, indirect contact is more difficult to prove. For instance, if the restrained person tried to communicate with you through someone else, you will need testimony from the person who sent a message to the accused person on your behalf.
How to Get the Order Lifted
Regarding no-contact restraining orders, the victim or the defendant can ask the court to dissolve the order. The judge will set a hearing on the matter, and it’s best to have an attorney representing you. They can ensure that the court hears your side of the story and doesn’t just dismiss your request outright.
It’s essential to make copies of the motion and give them to any people listed on the no-contact order, such as your children’s caregivers or friends. You’ll also need to give them a copy of the proof you have that the person violated the order.
A prosecuting attorney may be present for the hearing, but they don’t represent you. You need your attorney for a civil action, even if you had a public defender for your criminal case. A skilled family law attorney can help you get the no-contact order dissolved.
What to Do if You Want the Order Dismissed
The process of getting a no-contact order dismissed varies from jurisdiction to jurisdiction. In most cases, you must fill out a form requesting the removal of the order and explaining why. You may also have to pay a fee.
A judge typically orders no-contact restraining orders in criminal cases related to domestic violence. Depending on the seriousness of the underlying behavior in these situations, violating the order may result in a misdemeanor or felony charge.
Physical evidence of the contact is vital for proving that a no-contact order was broken. It is also important to have witnesses, especially in cases where the restrained person attempted to communicate with you through another party.
If you can prove that the restrained person broke a no-contact order, they will likely face charges of civil contempt of court. Depending on the severity of the violation, these charges typically carry a fine and possibly jail time.
