A. These are civil court orders generally issued in divorce cases.
B. There are filing fees and service fees involved, and the services of attorney are generally required to obtain a Restraining Order.
C. A person who defies the provisions of a Restraining Order has notcommitted a criminal offense. The remedy for violating a Restraining Order is to petition the court to hold the offender/violator in Contempt of Court, the punishment for which is generally a small civil fine.
Restraining Orders are generally ineffective in Domestic Violence cases because they have no real teeth to them.
(Restraining orders are considered civil)
NO CONTACT ORDERS:
A. Any person taken into custody for a criminal offense resulting from a Domestic Violence incident will generally be issued a standing No Contact Order at the time of his or her release from custody. This order is issued as a condition of bail or condition of release.
B. The order remains in effect until lifted or terminated by a Judge, but can generally be valid for no more than two (2) years.
C. A person who violates a No Contact Order has not committed a crime, rather he or she has violated the conditions of bail or release and can be taken back into custody by the officer until appearing in person before a Judge. The bail is basically revoked.
(No contact orders/protective orders are considered criminal)
The Sheriff’s Office has pre-printed information available on how to obtain Orders of Protection, how to obtain the services of a victim’s advocate, and how to obtain the services of a shelter, such as Serenity in Mountain Home. Any deputy will be glad to provide these materials or try to answer any questions about the Sheriff’s Office procedures in responding to and investigating incidents of Domestic Violence.