100% Secure and Confidential
100% Secure and Confidential
Georgia law enables victims of family violence–also known as domestic violence–to seek a protective order against their abuser. A petitioner may seek a protective order to stop and prevent further harassment, stalking, or threats to their physical safety. In the case of family violence, a protective order can be issued against a spouse, family member, or household member who has previously committed some violent act against the petitioner.
What Does “No Contact” Mean?
Family violence protective orders may include several legal remedies designed to protect the petitioner. One such remedy is a “no-contact” order. In simple terms, a no-contact order prohibits the respondent–the person accused of domestic violence–from having any contact with the petitioner.
Generally speaking, “no contact” means no contact. The order itself may specify the types of contact that are of particular concern to the petitioner or the court. For example, the order may explicitly state that the respondent cannot contact the petitioner by telephone, email, text message, or in person. However, the omission of any specific contact method or communication should not be read as permission to engage in such contact. Again, speaking in broad terms, a no-contact order will usually make it clear that all forms of contact are prohibited.
In certain cases, however, the court may permit limited or structured contact. To give a common example, if a spouse obtains a no-contact order against the other spouse, the court might permit limited contact to transport the couple’s minor children between their respective households. The no-contact order needs to make these exceptions clear, however, and it may require the presence of a neutral third party to ensure that the respondent does not exceed the terms of the exception.
How Does the Accuser Obtain a No-Contact Order in Columbus, Georgia?
Anyone who believes they have been the victim of domestic violence in Columbus, Georgia can file a petition for a family violence protective order. This petition is normally filed in the Superior Court of Georgia County where the respondent–the person accused of domestic violence–currently lives.
The court may conduct an immediate ex parte hearing the same day the petitioner files for a no-contact order. This enables the court to issue an ex parte protective order before the respondent is notified of the proceedings or has a chance to respond to the petitioner’s allegations. This order takes effect when the respondent is formally served by the local sheriff’s department and lasts until a formal hearing is held on the petition.
By law, the Superior Court must hold a hearing within 30 days of the filing of the petition. This hearing affords the respondent a chance to appear, respond to the petitioner’s allegations, and present evidence in their defense. If the judge decides the facts justify a no-contact order, the court will issue what is called a temporary protective order. This order can last up to 12 months, but it can be extended or converted into a permanent order. In addition to no-contact orders issued following a petition by the alleged victim, in cases where a defendant is charged with, or convicted of, a crime involving family violence, the court may also impose a no-contact order as a condition of bond or probation, respectively.
What Happens If You Violate a No-Contact Order?
Violation of a no-contact order in Columbus, Georgia is a criminal offense. O.C.G.A. § 16-5-95 provides that when the subject of a no-contact order “knowingly and in a nonviolent manner violates the terms of such order,” they are guilty of a misdemeanor. Prosecutors may also charge a violator with additional offenses, such as stalking or aggravated stalking, depending on the circumstances of the case.
If the no-contact order was issued as a condition of bond or probation, a violation can lead to the revocation of bail or probation, respectively. In the case of bail, this means the defendant can be jailed pending trial. In the case of probation, the defendant may be required to serve the remainder of their original criminal sentence in prison.
What If the Victim Contacts Me?
Technically, a no-contact order applies to the respondent, not the petitioner. This means that in most cases, a victim does not commit any crime if they contact the respondent. However, the respondent should still try to avoid contact whenever possible to avoid being charged with a violation.
At the same time, Georgia courts have held that when a petitioner initiates contact, the respondent does not commit a crime if they respond. The caveat here is that just because the petitioner initiates contact on one occasion, that does not give the respondent blanket permission to initiate contact in the future. The no-contact order remains in effect.
Contact a Domestic Violence Lawyer in Columbus, Georgia Today
A no-contact order can quickly upend your life. It is therefore essential that you work with a Columbus domestic violence defense attorney who can advise you of your rights and zealously represent your interests in court. Call Moffitt Law, LLC, today at 762-200-2924 to schedule a free consultation.
