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Your Ada County Prosecutor Jan M. Bennetts
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Home > Victim Assistance > No Contact Order vs. Protection Order

No Contact Order vs. Protection Order

Following restrictions made at the Ada County Courthouse due to the novel coronavirus (COVID-19), FACES of Hope Victim Center is now offering video conference hearings to file Protection Orders. Learn more at  Faces of Hope Victim Center

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 and/or stalking. 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. FACES of Hope Victim 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. 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 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 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.