There are five types of court orders commonly called no contact orders.
Condition of release from custody before trial (bail): If you’ve been charged with assaulting, threatening, or causing violence or fear to the other person, you may be ordered not to contact them until your trial is complete. The police, a judge, or justice of the peace can make this order.
- A condition of release applies until your trial is over. If you’re found guilty, it applies until you’ve been sentenced and after (if it becomes a condition of your probation).
Condition of probation: If you plead guilty or are found guilty, the judge may sentence you to probation instead of jail. Or the judge may order probation after you get out of jail. The judge will order that you follow certain conditions during probation. One of the conditions could be a no contact order.
- A condition of probation order can last for up to three years.
Conditional sentence: If you’re convicted of a crime and given a conditional sentence, this means you won’t go to jail. Instead, you’ll serve your sentence in the community and have to obey certain conditions. Those conditions might include a no contact order.
- A conditional sentence can last for up to two years minus one day.
Peace bond: The police can ask for a peace bond to keep you from contacting someone who reasonably fears for their safety. There’ll be a hearing in criminal court and the judge will decide whether to order a peace bond and what the conditions will be. The peace bond usually includes the condition that you not have any contact with the other person (and if it’s your partner, any of your or your partner’s children). While you’re waiting for the peace bond hearing, you’ll have the no contact condition as a part of your bail.
The peace bond doesn’t give you a criminal conviction. But you can be charged with a criminal offence and get a criminal conviction on your record if you don’t obey the conditions.
- A peace bond can last for up to one year.
Family law protection order: Your partner (or another family member) can apply to family court to have no contact conditions put in a family law protection order. They can apply without letting you know. The order can be made even if you aren’t at the court hearing. You’ll get a copy of it.
The judge can order that you have no contact with the person named (and if it’s your partner, any of your or your partner’s children). You’ll have to stay away from certain places where they might be. A family law protection order may also include orders about not having weapons or other things. You can go to court to ask to have the order set aside (cancelled) if you think it isn’t reasonable.
The family law protection order doesn’t give you a criminal record. But you can be charged with a criminal offence and get a criminal record if you don’t obey the conditions. The police are allowed to enforce the order and use reasonable force if necessary.
- A family law protection order lasts until the date noted on the order. If there’s no end date on the order, it will last for one year.
If you breach (disobey) the conditions of any no contact order, you could be charged with a criminal offence and could be fined or go to jail. This is true even if the other person contacted you first or agreed to it.
