No-contact orders are legal directives issued by a court or the police. They are intended to protect individuals from harm or intimidation by another person. In Ontario, these orders are commonly imposed in domestic violence cases, but they can also be issued in other circumstances. Understanding the implications of a no-contact order is crucial for both the person subject to the order and the protected party.

This blog post will explore what no-contact orders are, when they can be issued, and the impact of these legal documents on the parties involved.

What is a No-Contact Order?

A no-contact order is a legal restriction that prohibits an individual from communicating with or approaching a protected victim, their spouse, their children, or another identified person. No-contact orders are typically issued in cases involving domestic violence to protect a victim from their abuser. A no-contact order can come in various forms, such as:

• A condition of release before trial,
• A condition of probation,
• A conditional sentence,
• A peace bond, or
• A family law protection order.

While a no-contact order takes a “one-size-fits-all” approach to such situations, each case is different. There are various laws under Canada’s Criminal Code that prescribe when to place conditions on an accused and specify what such conditions may be. The order can vary in scope and duration but typically includes prohibitions on:

• Direct contact: This includes in-person contact, phone calls, and text messages.
• Indirect contact: This includes contact through third parties, social media, or email.
• Attending specific locations: The order may restrict the accused person from going to the victim’s home, workplace, or other specified locations.

Accordingly, a no-contact order can have serious implications for the individual who is subject to it. For instance, it can result in isolation from friends, family members, and other support systems, which can lead to emotional challenges. A no-contact order can also result in serious legal consequences if it is violated.

When are No-Contact Orders Issued?

A no-contact order may be issued at any point in the criminal justice process from the time charges are laid until the accused has completed their sentence. In many cases, if a no-contact order is in place, the person subject to the order may have pending criminal charges against them. These orders can last for months or years, even when parties want them removed. In addition to considering the background of the accused and their charges, the accused will generally be placed under a no-contact order when:

• The victim will be a witness against the accused at trial,
• The accused is charged with a criminal offence involving threats or violence against the victim, or
• The victim expresses concerns, on reasonable grounds, that the accused will contact them.

No-contact orders are most commonly issued in domestic violence cases, but they can also be imposed in other circumstances, such as:

• Stalking: If there is evidence of persistent and unwanted attention or contact from a person that makes the victim feel harassed or threatened, a no-contact order may be issued.
• Criminal harassment: Similar to stalking, criminal harassment involves repeated conduct that causes the victim to fear for their own safety or the safety of someone they know.
• Sexual assault or domestic violence: No-contact orders are often issued to protect victims of sexual assault from further harm or intimidation.

What Happens if I Violate a No-Contact Order?

The terms of a no-contact order carry the full force of the law and the underlying reason for the violation will not be relevant. In other words, if you are found to have violated a no-contact order, this can result in a new arrest with additional criminal charges being laid against you. The violation of a no-contact order is a separate criminal offence in addition to the other charge(s), such as domestic assault. Failure to comply with a no-contact order can also impact the outcome of the case.

Even in cases where the victim tries to contact the accused, the accused cannot communicate with them at all while the order is in place. Additionally, the accused can be charged for violating the no-contact order even if the victim initiated communication.

There may, however, be exceptions to a no-contact order that are outlined in undertakings or release orders. For example, an exception may be made for child care purposes that permits contact through a mutually agreed upon third party, or allowing a person to retrieve personal belongings from a residence. In any case, it is important to carefully review the terms of your order and, if you are unsure how to interpret the language contained within such documents, it is important to consult with a skilled criminal lawyer who can help you understand your rights and obligations.

Can I Challenge, Modify or Remove a No-Contact Order?

In some cases, challenging or modifying a no-contact order may be possible. This process typically involves making a formal application to the court and providing evidence to support the request. Before making a determination, the court will generally consider several factors, including:

• The nature of the alleged offence;
• The relationship between the parties;
• The potential risk of harm to the protected party;
• Any changes in circumstances since the order was issued.

If you are facing domestic violence charges and are subject to a no-contact order, it is important to know that removal of the order is not a right, but rather, an exceptional request that is contrary to the general standard that the accused does not speak with complainants or victims. Even if the protected party to a no-contact order wishes for the charges to be dropped, modifying or removing a no-contact order remains up to the discretion of the court and prosection.

How a Criminal Defence Lawyer Can Help You Understand Your No-Contact Order

With a no-contact order in place against you, it is important to understand the terms of the order and refrain from violating such restrictions, even if the victim attempts to contact you first. If you have been charged with domestic violence or criminal harassment or are otherwise subject to a no-contact order, it is important to speak with an experienced criminal defence lawyer who can explain your rights and obligations under the law. Your lawyer may also help you negotiate conditions under such an order regarding child care or other necessities. If you seek to modify or drop a no-contact order against you, your lawyer can explain your options and help you build a strong case to move forward with such an application.

Contact Barrison Law for Trusted Legal Advice on Domestic Violence Charges and No-Contact Orders

The experienced criminal defence lawyers at Barrison Law in Oshawa regularly represent clients facing domestic assault and other violent charges in Ontario. Criminal legal proceedings involve complex processes and extensive documents. As such, working with a trusted criminal lawyer who can help you prepare an application and put together a compelling case to modify or remove a no-contact order is crucial. To speak with one of our criminal defence lawyers regarding your domestic violence charges, contact us by phone at 905-404-1947 or online.