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Being found in violation of a no-contact order or protective order can be very stressful as you are facing at least seven days in the county jail. Violations of these orders can be as simple as sending a text to the protected party, being in the vicinity of the protected party, or communicating through a third party to the protected party.
If you are facing accusations of violating a protective or no-contact order, consult with a criminal defense lawyer right away. At Feld Law Firm, our protective order violation defense attorney has represented numerous individuals facing these types of charges. We are here to help you through the process.
No-Contact Orders vs. Protective Orders
Interestingly, there is a difference between a no-contact order and a protective order. Primarily, a no-contact order is criminal and a protective order is civil; why does this matter, you ask? If the matter is criminal, the court must find that you violated the no-contact order beyond a reasonable doubt. If it is civil, the court must find you more than likely violated the protective order. These are two different burdens – and proving something beyond a reasonable doubt is tougher than finding that you likely violated an order.
Violation of No Contact Order in Iowa
If the court finds you violated the orders, you can face anywhere from seven days to 180 days in jail for each violation. You are required to pay for each night in jail as well. In Polk County, this fee is $75 per night plus "administrative" fees.
How to Tell If You Have a Protective Order against You
You may wonder whether there is a no-contact order or protective order placed against you. To answer this, look to see if you have been charged with a crime such as domestic assault, assault, or harassment. If so, you likely have a no-contact order placed against. If you have not been charged with a crime, then you will have a protective order placed against you. It is also possible to have both placed against a person. Call Feld Law Firm if you need help determining whether there is a no-contact order against you.
How a Protective Order Can Be Placed against You
For protective orders to be put in place against a person, the alleged victim goes to the courthouse and files an application for a protective order with the court. At that time, the court generally enters a temporary protective order against the defendant and schedules a hearing within 15 days. At that hearing, the court will determine whether a permanent protective order will be entered. If kids are involved, there may be consent orders agreed to so that the court does not make any findings. There are also some other potential resolutions that can be reached without the need for a hearing. It should be noted that a permanent protective order stays in place for one year.
How Someone Requests a No-Contact Order
For no-contact orders to be put in place, the state simply needs to charge you with a crime and request a no-contact order be put in place. Generally, the state will request a no-contact order for domestic assault, assault, harassment, and sex crimes. If convicted of the crime, the no-contact order will generally stay in effect for five years from the date of the conviction.
Protective Order Modification & Cancellation
It should be noted that no-contact orders and protective orders do not necessarily have to stay in effect for the number of years as described above. The protected party can request the court to modify or cancel the no-contact order or protective order. There usually needs to be a decent reason why the protected party wants the order canceled or modified. The court simply does not cancel an order because a party wants it canceled. If you are wanting a protective order or no-contact order modified or canceled, it is best to speak to an attorney about doing this so that it gets done properly.
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Polk County Simple Misdemeanors Starting as low as $1000