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'NO
CONTACT' ORDERS
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There are two basic types of ‘no
contact’ orders: ‘no contact’ as a condition of bond, and ‘no
contact’ as a condition of a suspended sentence. For the first type of
‘no contact’ order, the defendant is allowed to be bonded out of
jail on the condition that he stays away from the victim and has no
contact with him/her. If s/he violates this order, his/her bond can be
revoked and s/he can go back to jail until the date of the trial. For
‘no contact’ orders that are a condition of a suspended sentence,
the defendant would have to have a conviction. As a result of the
condition, s/he received some time in jail; the court does not make him
serve all the time. Instead, s/he is allowed to stay out of jail only as
long as s/he stays away from the victim and does not have contact with
him/her. If the defendant violates this order, s/he can have the
suspended time revoked, and the court will order him/her to serve the
remainder of the jail sentence.
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Important information to consider:
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It is almost always up to the victim to advise the Commonwealth’s
Attorney’s Office or the Victim-Witness Assistance Program if a ‘no
contact’ order has been violated.
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To revoke a bond, or suspended sentence, the Commonwealth has to
initiate a Show Cause Proceeding; the defendant generally cannot simply
be arrested. These proceedings may take days to weeks.
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Unfortunately, a ‘no contact’ order is never a guarantee that
the defendant will abide by the court’s orders.
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