Restraining Orders vs. No Contact Orders: Key Differences Explained

Restraining orders and no-contact orders share several similarities and impacts, but they operate very differently in the legal system. Understanding the differences can help you determine whether you’re a recipient of a restraining order or a no-contact order, or if you want to pursue protection through the legal system as a victim. Learn more about a no-contact order vs a restraining order.

What Is the Difference Between a Restraining Order and a No Contact Order?

Purpose and Context

Is a no-contact order the same as a restraining order? Restraining orders are civil matters. Individuals can file them in civil court to protect themselves from harassment or physical harm. They can provide different degrees of restriction, such as barring individuals from specific locations (i.e., the applicant’s apartment) or activities (i.e., posting about the applicant).

No contact orders, however, are issued by judges in criminal courts. They also protect individuals, but they don’t require victims to apply for them. They are generally stricter, prohibiting most or all forms of contact.

Duration and Flexibility

A key restraining order vs no-contact order difference is the duration. The maximum duration of a restraining order is typically one year for a full protection order in Washington, but they can also be permanent. You can appeal the duration in front of a judge.

No contact orders vary in duration. They are designed to last the length of the relevant criminal case or probation period.

Enforcement and Flexibility

Penalties and enforcement are relatively similar for restraining order vs no-contact order measures. Law enforcement agencies enforce restraining orders, even though they’re imposed through civil court. If someone violates a restraining order, the police can get involved and even arrest the violator. Violations can lead to fines, jail time, and civil remedies. Individuals can also contact the police if a no-contact order is violated, which results in similar (or more severe) penalties.

How to Get a Restraining or No Contact Order: The Filing Process

To get a restraining order, you need to follow a specific process; a lawyer or law firm can help you use the right documents and file for the right one. The basic process is:

1. Fill out the correct documents and provide evidence to support your claim.
2. A judge will determine whether they should immediately issue a temporary restraining order.
3. Serve the subject of the restraining order with court papers.
4. Make your case in court regarding why you need a restraining order; both sides can provide evidence or bring witnesses.
5. The judge will make a decision and, if they grant the restraining order, you will need to fill out forms like the CH-130.

FAQs

What if the victim doesn’t want a no-contact order?

Judges can order no-contact orders whether the alleged victim wants one or not.

What happens if a no-contact order is broken?

Breaking a no-contact order is a criminal offense. Violators can receive new charges, fines, or jail time, and consequences regarding the original court proceedings.

What happens if the victim breaks a restraining or no-contact order?

Victims also face penalties for breaking restraining orders or no-contact orders. While they may face lower consequences, they can still be charged with offenses like criminal harassment.

What is considered a violation of a no-contact or restraining order?

What counts as a violation depends on the terms of the restraining order. Common violations include communication through a restricted channel, being in a restricted location, making physical contact, or even using a third party for communications.

Will a no-contact or restraining order show up on a background check?

Most background checks, such as for a job, won’t show restraining orders. However, a no-contact order is a criminal matter, so it’s more likely to appear on stringent background checks, such as for government jobs.

What are the requirements for a restraining order in Washington?

Restraining orders require reasonable evidence that someone will harm or harass an individual. Applicants can also request immediate protection if they can explain how any notice to the individual or delay in the restraining order will increase the danger.

What are the three types of protection?

There are many different types of restraining orders in Washington, including protection orders due to domestic violence, sexual assault, stalking, and extreme risk. Individuals can also request protection orders for anti-harassment or to protect a vulnerable adult.

Schedule a Consultation With Feldman & Lee, PS Today

Filing for a restraining order can keep you safe, but it can also be a difficult process to manage alone. Reach out to us at Feldman & Lee today to learn more about a no-contact order vs a restraining order, schedule a consultation, and get support filing your documents.