Oakland County Criminal Defense Attorney Paul J. Tafelski Explains the Difference Between No-Contact orders, Protection Orders, and Restraining Orders
April 05, 2022 at 16:11
Oakland County criminal defense attorney Paul J. Tafelski releases a new article (https://www.michigandefenselaw.com/blog/difference-no-contact-orders-protection-orders-restraining-orders/) explaining the difference between no-contact orders, protection orders, and restraining orders. The lawyer mentions that these three orders are not the same thing but they can be very similar in what they do.
“A no-contact order is typically a condition of bond and that’s set by the judge as soon as there’s a formal charge filed in almost every domestic violence case. However, a restraining order or a personal protection order is usually something that is issued in a separate action based upon somebody either threatening or stalking or refusing to stop contacting another person, that sort of thing,” says the Oakland County criminal defense attorney.
The lawyer mentions that the effect of the three orders are basically the same but they are technically separate deals for separate issues. Usually, the courts will impose these orders regardless of the defendant’s preferences. The courts will usually ask the victim if they are fine with removing the order, but they usually impose them without the alleged victim’s consent.
Attorney Paul J. Tafelski says that oftentimes, people who are involved with a no-contact or protection order are totally intertwined, it may be hard for the defendant to follow the order and initiate contact with the victim. This happens quite often, according to the criminal defense lawyer.
Additionally, attorney Paul Tafelski explains that if the defendant initiates contact with the protected person regardless of the order, they may be in trouble. Breaking or violating the no-contact order may revoke the bonds of the defendant especially if they have a pending case.
According to the defense lawyer, “A lot of times people think, ‘alright well, who’s going to know, I can have contact because we need to and she’s the one initiating it or he’s the one initiating it and they text each other or they talk to each other and everything’s fine and then two weeks later, three weeks later they get into another argument and the complaining witness goes and tells the prosecutor that here she’s been having contact with them.”
Lastly, the criminal lawyer emphasizes the importance of being extra careful in these cases to avoid sensitive situations. Having a skilled defense lawyer may be able to help the accused protect their rights and their freedom.
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