What Is a Peaceful Contact Order?
Provided by HG.org
A peaceful contact order is a type of order that restrains the person from contacting or physical distance to a person when there is possible domestic violence. However, unlike standard restraining orders, the individual may contact the other that filed for the order as long as the contact is peaceful and has no violence or threat of violence.
A peaceful contact order may cause Social Services to investigate the family. Anyone dependent upon care from the person with the order may need to undergo interviews for the situation. This could affect custody of children, care for disabled individuals in the home and any relationships with a conservator that oversees the care or financial matters of another. It is important to have the order removed when there is no cause or evidence that the person had an involvement in violence against the person that took out the order. It is essential to consult with a lawyer to determine how to proceed.
To remain peaceful, the person must not participate in any act that constitutes violent behavior. This includes throwing objects, harming the person in any way, damaging property and even knocking over things. He or she has limitations in speaking to the person that took out the order in that he or she cannot swear at him or her and talk in a threatening manner. The order restricts behavior in tearing up papers, restraining the protected individual and arguments. It is critical for the person with the order to research the matter fully to ensure no construed violent actions occur around or at the protected target.
Limits placed on the person from the order may also affect what he or she says and who he or she interacts with. Family members of the protected person and friends are often included in this if they could affect the behavior of the person that took the order out. Threats of any kind, even perceived threats by the person included in the order may restrict the actions and activity of the target. The individual is not able to argue with the protected or his or her family. If the neighbors become disturbed by shouts or arguments, the target may find himself or herself before a judge.
The peaceful contact order is similar to a restraining order in that the initial reason to obtain one is related to incidents of domestic violence. If the protected person is able to convince a judge that the order is necessary, the target becomes restricted. However, by petition the court, the individual may seek to remove the order when there is no proof that any violence occurred with the protected person. It is important to expunge the order to remove any investigation or limitations that the order places on the family or dependents of the target. It is often important to consult a lawyer before seeking action.
The Need to Overturn
Because of the complications in a peaceful contact order, it is important to petition the courts to overturn the order. The target needs to have enough evidence that no domestic violence or harm came to the protected person. There is often enough evidence to create the order, or the statement from the person that took out the order was convincing enough for the paperwork to push through. However, if the targeted person is able to gather evidence and prove that no harm occurred, he or she should have a reasonable chance of overturning the order. This could reverse any adverse action against him or her from other agencies or officials.
The pressing need to remove the order often comes from the effects it has on the family. Social services may pay a visit to determine if the parent is a threat to any children in the home. If a disabled person lives in the house, the targeted individual could face an interview to understand if he or she is a risk of harm to the disabled individual. The person may also face a stigma in obtaining work if the order becomes known to the employer. He or she may think twice before hiring the potential employee.
Legal Support for a Peaceful Contact Order
For a chance of overturning the peaceful contact order, the targeted person may need to hire a lawyer. Legal representation will protect the rights of the client and pursue the case aggressively to eliminate the order. By explaining the case fully, it is possible to increase chances of overturning the order.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.