No-contact orders are imposed in certain criminal cases, often involving domestic violence, and prevent defendants from having any contact whatsoever with alleged victims. Most no-contact orders are not meant to be permanent solutions, and they eventually expire. How long your no-contact order lasts will depend on the details of your case.
No-contact orders are designed to keep defendants away from alleged victims for the duration of a trial. They are typically imposed in early pre-trial stages; however, they do not last forever. There is no standard expiration date for no-contact orders, and each order will specify the date it ends. Your no-contact order might be longer or shorter, depending on your case. If a no-contact order is unjustifiably interfering with your life, an attorney can help you argue to have it lifted.
If you are the subject of a no-contact order in Utah, you should immediately speak with an attorney about your case. Our Salt Lake City criminal defense lawyers can help you get an order against you lifted. Call our team at Overson Law, PLLC at (801) 758-2287 to schedule a free legal consultation.
What Are No-Contact Orders in Utah and How Long Do They Last?
A no-contact order, sometimes referred to as a protective order or protection from abuse (PFA) order, is often issued in connection with a pending criminal matter. In most cases, they are attached to domestic violence cases where an alleged victim fears for their safety and feels threatened by the defendant. Typically, they are issued when the defendant is released from jail after being arrested and charged. However, such orders are usually short-term, and a hearing is held to determine if the order should last longer and under what conditions.
A no-contact order does not necessarily have to be requested by an alleged victim and may even be imposed against the victim’s wishes. No-contact orders tend to expire relatively quickly as they are designed to allow victims time to file for a more formal and long-term protective or restraining order if they wish Emergency ex parte petitions may be granted in the defendant’s absence but typically only last 20 days or until a hearing on the matter can be held. They can be imposed shortly after a defendant is arrested and placed in jail or later by prosecutors. In either case, they tend to be relatively short-lived. However, the longer your case takes to resolve, the longer an order may be in place.
While no-contact and protective orders can be imposed in your absence under emergency circumstances, they only last until a hearing can be held on the matter. At your hearing, the order could be made more long-term order. The order could potentially last up 150 days, although criminal provisions may last for 3 years.
A no-contact order prevents defendants from having any contact with the alleged victim. This includes verbal, written, electronic, and digital communications. Face-to-face interactions, phone calls, emails, texts, and social media messages are all prohibited. This can seriously hinder a defendant’s ability to see shared children. A defendant may even have to leave their home if they live with the alleged victim. Our Logan criminal defense attorneys can help you lift an order imposed against you.
How to Get a No-Contact Order to End Early in Utah
No-contact and protective orders are imposed routinely in domestic violence cases. However, these orders are sometimes pushed through so quickly that there is little time to reflect on whether the order is needed at all. Defendants are often unnecessarily burdened by pointless no-contact orders.
No-contact orders are often short-lived, but they can upend a defendant’s life for that short while. The order prevents any contact between the defendant and the alleged victim. In many cases, the two parties are actually romantic partners, and being forced apart is difficult. The parties sometimes share children and have a family together. A no-contact order makes it very challenging for a defendant to see their own children while the order is effective.
We can challenge a no-contact order and hopefully have it lifted or the terms adjusted to be less restrictive. For example, if we can prove you are not a threat or danger to the alleged victim, we could have the order lifted. Judges do not like to impose orders that are not needed. If the order was imposed against the alleged victim’s wishes, we might have a stronger case to lift the order.
If there are no grounds on which to challenge the order, we might have to wait until the case is resolved. Once your case is complete, the order is automatically lifted. Exactly how long it takes to complete your case will depend on your circumstances. If we can get the charges dropped early, the order will be lifted quickly. However, if a full trial is necessary, the order might be in place for a while. Call our Ogden criminal defense lawyers about your case today.
Can a No-Contact Order in Utah Be Extended?
No-contact orders typically are not extended, but a different, more long-term order may replace them. No-contact orders are often imposed at the prosecutor’s request, but more permanent or long-lasting orders generally must be requested by the alleged victim. Ultimately, whether a more extensive order is put in place depends upon the alleged victim’s wishes in your case.
Upon expiration of the no-contact order, a victim can petition for a separate civil protective order. Because the alleged victim requests this kind of order, they have a bit more say in its terms. An alleged victim may argue for a protective order that lasts for a very long time or one that is more short-term. Civil protective orders could last indefinitely but can be reviewed by request every 3 years.
We can challenge any new order on similar grounds for challenging a no-contact order. If you are not a danger to the alleged victim, there is no need for a protective order. Call our Park City criminal defense attorney for more information about challenging court imposed orders.
Call Our Utah No-Contact Order Defense Lawyers
If you were arrested for domestic violence or similar charges, it is possible that a no-contact order has already been put in place against you. Our Riverton criminal defense attorneys can help you challenge the order and get it lifted. Call Overson Law, PLLC at (801) 758-2287 to schedule a free legal consultation.