Restraining orders and no contact orders are often used interchangeably in common use. However, they are very legally distinct. This blog will take a deep dive into what these two concepts are and what points of difference exist between them.
What is a Restraining Order?
A restraining order is when a person files an injunction for protection against someone else. This is legally defined in Florida statute 741.30. A restraining order is commonly filed in cases where someone “has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.” There are two parties to a restraining order: the person seeking the order (known as the petitioner) and the person who the order is against (known as the respondent).
To file a restraining order, the petitioner must fill out a form and include information in much detail as possible. This information includes:
- The petitioner’s name and address (which can be confidentially filed separately if safety is a concern)
- The respondent’s name and address
- The respondent’s last known place of employment
- A physical description of the respondent
- If applicable, aliases used by the respondent
- The relationship between the petitioner and respondent (married, roommates, etc.)
- Any other legal action currently pending between the petitioner and respondent
- Specific details of the domestic violence being alleged
What is a No Contact Order?
A no contact order, in contrast, is issued directly from the court upon the sentencing of a criminal offense. No contact orders are legally defined in Florida statute 921.244. A no contact order is only issued for very specific crimes, being:
- Sexual battery
- Lewd or lascivious offenses committed upon or near a minor
- Online transmission of live sexual acts to a minor
- Arson
- Robbery
- Kidnapping
- Aggravated abuse of a child, elderly person, or disabled adult
- Aggravated assault with a deadly weapon
- Murder
- Manslaughter
- Aggravated manslaughter of a child, elderly person, or disabled adult
- Throwing, placing or discharging of a destructive device or bomb
- Armed burglary
- Aggravated battery
- Aggravated stalking
If a defendant has been convicted of any of the crimes listed above, the court will automatically issue a no contact order that prohibits the defendant from, as the name implies, having any contact with the victim. This includes indirect contact, such as asking a friend to contact the victim on the defendant’s behalf. Learn more with Hendry & Parker P.A.
If you wish to file for a restraining order or have any further questions about these two types of orders, call the experienced criminal law attorneys at Hendry & Parker, P.A, in downtown Dunedin, at (727) 877-1335 today for a free consultation.