A judge can issue a no-contact order in two different ways. There can be a no-contact provision of bonds, which is a condition of bail. That simply means that the defendant cannot have any contact with the alleged victim at all during the pendency of the case. In other words, they cannot contact the alleged victim until the case is done or until the defendant has been sentenced. There can be no-contact with the alleged victim or the location.
This means no in-person communication, no phone calls, no texts, no social media, and no using a third party to pass messages back and forth. A no-contact condition of the bond is a term of bail, whereas a no-contact order is specifically issued to eliminate or limit contact.
Violation of a no-contact order in Omaha can result in additional criminal charges, while a violation of the no-contact condition of the bond simply revokes the bond. It is not an additional criminal charge. To learn more about these nuances, get in touch with one of our domestic violence attorneys.
Restrictions on Third-Party Contact
A no-contact condition between two people does not preclude their friends and family from having contact for their own separate and independent reasons. It just means that they cannot use friends or family as a middleman to pass messages along.
For example, just because there is a no-contact condition between Person A and Person B does not mean that Person A’s friends and family cannot have contact with Person B. It just means that Person A cannot use their family or friends to pass messages along to or communicate and have contact with Person B.
In this sense, passing a message along through a friend or family member is the same as sending a text message. They are utilizing someone or something else to pass the message along, which is against the law.
With a no-contact condition of bond, the defendant can sometimes have their friends or family contact the alleged victim for the purposes of retrieving their things from a joint household. If there is a no-contact condition between the defendant and the alleged victim, then someone else needs to cordially get things out of the home.
In that sense, if it is specifically ordered, the defendant can pass messages along only for the purpose of organizing and setting up retrieval of property. Outside of that, playing the messenger or anything of the sort would result in the revocation of bond.
Violating No-Contact Provisions
Violation of a no-contact condition would cause the individual to go back to jail. A new bond can be set with a higher dollar amount that the person would have to post in order to be released, and new or additional conditions would be attached to the bond as well. They are more likely to spend their time awaiting trial or awaiting case resolution in jail if they violate a no-contact condition of the bond.
On the other hand, if a person violates a protection order, they can face additional criminal charges separate from the original case for violation of a no-contact order in Omaha. The additional charge carries its own penalties, and a separate criminal case would stem from violation. For example, if the defendant violates the no-contact order in an attempt to sway or persuade the witness into saying or doing something during the criminal case, that can result in additional charges of tampering with a witness.
Learn More about No-Contact Orders in Omaha from an Attorney
It is extremely important to obey a no-contact order in Omaha. Not only is it a court order, which always should be obeyed, but there is the risk of going back to jail and having a higher bond with additional conditions. There is also a risk that anything which is said during the conversations that violate the no-contact order can be used against the individual in the domestic assault prosecution.