Understanding a No Contact Order

What is a No Contact Order in Nebraska?

For the average person, being arrested and charged with a crime for the first time is a fairly frightening event.

Along with worrying about the ultimate outcome of your case, you must also try to navigate the criminal justice system, something that can be extremely challenging for the uninitiated.

Hiring an experienced Nebraska criminal defense attorney to represent you and protect your rights is the most important step you can take and should be your initial focus.

Learning some of the most important dos and don’ts of being a defendant is also a good idea. For example, do you know what it means if the judge issues a no contact order in your case?

To make sure that you do understand, a Nebraska criminal defense attorney explains what a no contact order is and what could happen if you violate the order.

Your Initial Appearance

In a criminal prosecution, the defendant’s first appearance in court is typically referred to as an arraignment, or an initial hearing. If you are still in custody, meaning you have not been able to post a bond yet, your initial hearing will occur within a day or two of your arrest in most cases.

If you posted a bond, and are out of custody, your initial hearing might be a week or later after your arrest, depending on the court’s calendar.

At your initial hearing, the judge will make sure you understand the charges against you as well as explain your rights to you. You will enter a preliminary plea of not guilty, unless you have already agreed to a guilty plea agreement with the State.

The court will also ask you about your plans to retain an attorney if you do not already have one. In certain types of cases, the judge may also issue a no contact order at this time. It is imperative that you understand what this means if one is issued in your case.

What Is a No Contact Order in Nebraska?

Some criminal offenses involve a victim, such as domestic violence or burglary. When a victim is involved, the court wants to make sure that the defendant does not have any contact with the alleged victim while the case is pending to prevent further crimes from occurring and/or to prevent the defendant from intimidating or threatening the victim.

To decrease the likelihood that a defendant will contact an alleged victim, the court can issue a “no contact” order.

As the term implies, a no contact order is simply a court order prohibiting the defendant from having any type of contact with the individual named on the order by the judge. Typically, a no contact order includes physical contact as well as via telephone, in writing, over electronic mediums, or even through a third party.

The court’s order is also usually made part of the conditions of the defendant’s release. What this means is that if you violate a no contact order, the court can – and usually will – revoke your bail and order you to be held without bail until your case is resolved. For this reason, it is crucial that you abide by the no contact order if one is issued in your case.

Protective Order vs. No Contact Order

Orders that prohibit contact go by several different names, including a protective order, a no contact order, or a restraining order. The primary difference between them is that one is a civil order and the other stems from a criminal prosecution. The victim of domestic violence, for example, can petition a civil court judge to issue a protective order prohibiting the abuser from contacting him/her.

If issued, this order is a civil order. That same victim may decide to file a formal complaint against the abuser with the prosecutor’s office and that could trigger criminal charges against the abuser; however, the original protective order is not criminal in nature.

Contact a Nebraska Criminal Defense Attorney at Petersen Law Office

If you have been charged with a criminal offense in Nebraska, consult with an experienced Nebraska criminal defense lawyer at Petersen Law Office as soon as possible to discuss your legal options. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.

Here is the clean, final version of your FAQ with the factual corrections applied. It is ready to be copied and pasted into your WordPress editor.

Frequently asked questions about no contact orders in Nebraska

What happens if the person named in the no contact order contacts me first?

The order restricts your conduct, not theirs. If the alleged victim texts, calls, or shows up at your door, you cannot respond or engage, even to say “you shouldn’t be contacting me.” The safest course is to not respond, document the contact (screenshot the message or note the time of the call), and immediately tell your attorney. Your attorney can use this information to petition the court to modify or address the order. Responding, no matter how harmless it seems, puts you at risk of a bond revocation and new criminal charges.

Can I go to jail just for violating a no contact order?

Yes. Violating a no contact order in Nebraska can result in immediate arrest and detention, bond revocation (meaning you stay in custody until your underlying case is resolved), and a separate new criminal charge. This results in a Class I misdemeanor for a first violation and a Class IV felony for subsequent violations. These consequences are separate from and in addition to whatever penalty you face for the original charge.

How long does a no contact order last in Nebraska?

A criminal court no contact order issued as a bond condition remains in effect until the court modifies it or the criminal case is fully resolved through dismissal, acquittal, sentencing, or other disposition. This can be months or, in complex felony cases, over a year. A separately filed civil protective order typically lasts for one year and can be renewed prior to its expiration.

Can I get a no contact order lifted so I can see my children?

The no contact order as issued may prohibit all contact with the alleged victim, which can complicate parenting if you share children. Courts can modify no contact orders to allow for limited, specific contact. For example, communication limited to topics involving the children conducted through a co-parenting app. This requires a formal motion and a judge’s approval; it is not automatic, and it is not something you and the other parent can arrange informally. Talk to your attorney about filing a modification motion as soon as possible if children are involved.

Will a no contact order violation affect my underlying criminal case?

Almost always yes. Prosecutors use no contact order violations as evidence of the defendant’s character and as an aggravating factor at sentencing. A judge who sees a violation history is far less likely to grant probation, a reduced charge, or a lenient sentence. Staying in strict compliance with the order, however difficult, is one of the most important things you can do to protect your position in the underlying case.

Q: The alleged victim wants to drop the no contact order. Will the judge do it?

Maybe. The alleged victim can petition the court to dismiss or modify a protection order, and the court will consider their request seriously. However, in domestic violence cases, Nebraska judges are trained to be cautious about victim requests to lift protective orders because pressure and reconciliation are well-documented patterns. The judge will evaluate the totality of the circumstances, not just the victim’s statement that they are fine. Having an attorney make the argument on your behalf, rather than relying solely on the victim’s petition, typically produces better outcomes.

Tom Petersen

Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.