What is the difference between a Protection Order & a No Contact Order?
| PROTECTION ORDER (PO) | NO CONTACT ORDER (NCO) | |
|---|---|---|
| Who requests it? | The victim of domestic violence, malicious harassment, stalking, or telephone harassment. | The Prosecutor’s Office |
| Who is eligible to be protected? | For a domestic violence protection order: Spouses, former spouses, persons related by blood, adoption, or marriage, persons who live or have lived together, persons who have had a child in common, adults who have had or are in a dating relationship, custodial parents, noncustodial parents, or guardians on behalf of minor children who have had or are in a dating relationship. A family or household member relationship is not required for stalking and/or harassment protection orders. | Crime victims |
| How can I get one & how much does it cost? | You can obtain a petition or application for a protection order on the first floor of the Ada County Courthouse in the Ada County Clerk’s Office. There is no cost to request a protection order. The Ada County Victim Services Center can assist you in filing for a civil protection order and offer legal assistance. The office can be reached at 208-577-4400. The Women & Children’s Alliance (WCA) Court Advocate Program can assist you at 208 343-3688 ext. 20 for filing protection orders, as well.
Protection orders are at no cost to either party. |
The Prosecutor’s Office requests no contact orders. You can contact the prosecutor’s office handling the criminal case for more information. There is no cost. |
| How can it be changed? | By a judge only. You may request changes, in the same manner, you requested the initial order. | By a judge only. You may request the judge to change or remove the order by filling out paperwork on the first floor of the Ada County Courthouse. The court will set a hearing at which you must appear. The judge will hear from you, the State, and the defense before deciding whether to modify or remove the order. |
| To whom does it apply? | The person or people the judge specifies. | The person charged with a crime. The protected party should also respect the no-contact order. |
| When does it expire? | As specified in the Court’s order. | When the judge specifies or the State can petition the court to extend it beyond the maximum penalty period of the case. |
| What happens if the offender violates the order? | A violation of the order is a misdemeanor crime. You should report any violation to the police. | A violation is a crime. You should report any violation to the police. |
If there is a no-contact order in place, do I also need a protection order? You must decide this for yourself. Speak with your victim-witness coordinator or contact the WCA Court Advocate Program at 208 343-3688 ext. 20 or at Ada County Victim Services Center at 208 577-4400.
What if there are both orders in place at the same time? The offender must abide by the most restrictive provisions of the orders.