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||The prosecutor|
|Who is eligible to be protected?||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.||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. There is no cost to request a protection order. The Women & Children’s Alliance (WCA) Court Advocate Program can assist you at 208 343-3688 ext. 20 or at FACES 208 577-4400.||The State 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 upon dismissal of the criminal 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 FACES 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.