People often confuse criminal No Contact Orders with similar Orders, like:
- Order of Protection
- Restraining Order
- Civil No Contact Order
- Temporary Economic Restraining Order.
Here are definitions of these Orders.
Criminal No Contact Order: A Criminal No Contact order is placed on the Defendant during a criminal case, usually for an assault on a partner or family member. This article focuses on Criminal No Contact Orders.
Order of Protection: An Order of Protection is a civil order. This means that someone does not need to be charged with a crime for you to ask the Court for an Order of Protection against that person. But, it may still be a crime if someone violates an Order of Protection. If you’d like to learn more, read the Orders of Protection Frequently Asked Question from the Montana DOJ.
Restraining Order: Orders of Protections are sometimes called restraining orders but “Order of Protection” is the correct term.
Civil No Contact Order: A Civil No Contact Order can look like an Order of Protection because it lays out what contact, if any, between the parties’ looks like but it is not the same as an Order of Protection. Civil No Contact Orders can be set up in parenting cases between the parents. A Judge may set up a civil No Contact Order after dismissing an Order of Protection because there are still safety or harassment concerns around contact between the parties.
It is a good idea to bring up violations of a civil No Contact Order to the Judge who signed the order. The Judge may look at violations of a civil No Contact Order as potential contempt of court. On the other hand, a violation of an Order of Protection or a criminal No Contact Order may be charged as a crime.
Temporary Economic Restraining Order: The court always puts in place a Temporary Economic Restraining when someone files for divorce. A Temporary Economic Restraining Order stops the parties from borrowing against, disposing of, hiding, or destroying any property or assets that are part of the marital estate without notifying the court and getting permission except in certain circumstances. The Temporary Economic Restraining Order is then lifted when the parties are divorced. This Order has nothing to do with safety, and is a normal part of every divorce.