According to freespeechunion.org many people worry about how colleges and universities use no-contact orders. These orders, once exclusively used against stalking or sexual harassment, have been used to curtail the students’ freedom of speech. They also stop students from speaking against popular ideas.
People who feel threatened or uncomfortable with potential dangers should understand the different legal ways they can protect themselves. It is very useful to know the existing laws that can help you defend your rights.
Understanding the difference between a no-contact order and a restraining order will allow you to see what you need in terms of legal protection.
These two legal provisions serve different aims and have different outcomes. You can make a better choice that will help your case if you know the difference between the two. Your choice of legal protection depends on the needs of your circumstances. Let’s differentiate these two:
Definition and Purpose of a No Contact Order
A No Contact Order is a legal method of safeguarding you against harassment or harm. If you feel threatened or shadowed by the threat of harm, this order provides a layer of protection. Serious legal punishments await those who go against a no-contact order.
A harasser breaks a no-contact order when they trouble or annoy a protected party through any means, such as phone calls, texts, emails, or messages on their social media account.
Don’t be afraid to use your rights to have some peace of mind.
Definition and Purpose of a Restraining Order
A restraining order is a court order that keeps someone from being hurt, threatened, or harassed. If someone threatens or hurts you, a restraining order will keep you safe. Such an order can keep you from coming to harm by prohibiting the offender from contacting you or coming near you.
Any kind of concern can be the subject of a restraining order, including domestic violence or stalking. According to law firm Santana Law PLLC, a restraining order can also be used if married spouses or former spouses allege that one of them is trying to cause fear or immediate bodily harm or death to another.
Other than offering safety provisions, it sometimes also prescribes conditions regarding temporary custody of the children and use of the shared property.
Key Differences Between No Contact Orders and Restraining Orders
Restraining orders protect an individual from harassment and abuse, while no-contact orders are typically similar, except for some methods used to protect someone.
Restraining orders provide that a party stay a certain distance away from the protected person or their property. Meanwhile, no-contact orders are more focused on stopping any direct communication through phones or social media between any of the parties involved.
In different situations, restraining orders can serve as protection against domestic violence. In criminal cases, no-contact orders frequently ban the offender from talking to the victim again.
Knowing these facts helps you choose the best order for your particular situation.
Legal Process for Obtaining a No Contact Order vs. Restraining Order
You should learn how to acquire a no-contact or restraining order if someone is annoying or threatening you.
During the first steps of your case, gather proof of harassment, such as text messages or testimonies from witnesses.
Go to the courthouse or other appropriate legal authority to file your application for the order. For a no-contact order, you have to complete a petition stating your case; restraint orders may require more extensive paperwork.
Meanwhile, a judge will consider the application and may feel inclined to grant a temporary order.
The judge will study your request and issue a temporary order if the situation calls for it.
A hearing then comes and the judge will decide on the final entry of the order.
Consequences of Violating a No Contact Order or Restraining Order
If you break these orders, consequences will follow. Violating these conditions may bring you under the law, where punishments beyond fines may apply, even jail.
Convictions can affect both your personal and professional life. The judge may decide to impose further punishments, and they may even strengthen the order to restrict you further.
In a custody case, violations will count against you for your parental rights.
These orders are legally binding and are meant to save someone from getting hurt. Talk to a lawyer if you’re not sure what to do.
By Chris Bates
