Interviewer: Is a no-contact order the same as a protective order?
Attorney Churak: A no-contact order is not the same as a protective order. A no-contact order is sometimes issued as a condition of bond. It states “stay away from me.” A protective order basically states that “you shall not have any contact with the person or the children,” or “go near the premises of the residence or the work premises or the school,” and if you do, it becomes a criminal offense and that is a Class-A misdemeanor. They can arrest you for violation of protective order. So it’s more of a serious nature than just a no-contact order. A no-contact order is just a condition of bond.
Interviewer: Is an order of protection always issued after a domestic violence incident?
Attorney Churak: Not necessarily. What happens is, sometimes if the circumstances are serious enough the magistrate will issue one ex parte without the complaining witness asking for the order of protection. If, in fact, the complaining witness asks for it, then the magistrate can issue a temporary one, and then the complaining witness can contact the District Attorney’s office and set up an agreement with the District Attorney to have the DA pursue a regular protective order under the family code against the person.
