No Contact Orders
Disclaimer
For additional information and further questions, please consider consulting a legal professional. The Today Centre does not provide legal advice and can only provide information as outlined in this blog post. Thank you for your understanding and consideration.
*NOTE: If you or someone you know is a victim-survivor of family violence and may be in an unsafe situation, please remember to clear your browser history of this search.
**No links in this blog post open to another browser window or tab. All links will redirect your current webpage to another.
Definitions
*All italicized words are referenced in the definitions section of this blog post.
Accused/Respondent: the person receiving the order notice.
Applicant/Claimant: the person giving/applying for the order (the ‘victim’).
Bail: the temporary release of an accused person awaiting trial.
Breach: disobeying or failing to observe a law, agreement, or code of conduct.
Criminal Court: the jurisdiction of the court of law that handles first appearances, bail hearings, trials and sentencing of all prosecutions, and entry of pleas.
Defendant: an individual sued or accused in a court of law.
Detention: the act of detaining/holding someone by removing/restricting their freedom.
Direct Contact: the accused/respondent contacts you through in-person contact/communication, either by text, phone, email, social media, written notes, or sending mail.
Family Court: the jurisdiction of the court of law that oversees child and spousal support, parenting arrangements, guardianship, and all child protection cases.
Indirect Contact: the accused/respondent uses a third party to get information from you or to you via other family members or friends, either by contacting them in-person or via text, phone, email, social media, written notes, or sending mail.
Justice of the Peace: a judicial official who is appointed or elected to keep the peace and can perform a variety of duties like issuing warrants, authorizing child apprehensions, granting EPOs, conduct bail hearings, etc.
Probation: releasing someone from detention to serve their sentence or part of their sentence in the community under supervision and strict rules of order.
Sentence: the punishment assigned to a defendant found guilty by a court for a particular offense.
What is a no contact order?
A No-Contact Order prohibits an individual from contacting or communicating with another person. This can include the victim (see applicant/claimant), the victim’s spouse, children, or other identified persons. They are designed to protect victims and ensure their safety, helping prevent further harm, in any way, from the person the order is against (see accused/respondent).
This type of order is commonly used in cases involving family violence, harassment, stalking, or other forms of abuse (emotional, verbal, physical, etc.). If you used abusive behaviour (or were involved in) or there was a violent incident:
a criminal court can make a No-Contact Order against you OR,
a family court can put No-Contact conditions (rules) in a family law protection order against you.
These court orders prohibit ANY form of contact with the other person, either directly or indirectly. This includes, but is not limited to:
No phone calls
No written messages (such as texts, emails, social media messages, or comments)
No messages through third parties (other people)
No visits to the home, workplace, place of worship, school, or any other location they may be or frequent
No physical gestures if you encounter them (waving, nodding, giving the finger, yelling, etc.), such as on the street or in a store
When a No-Contact Order is in place, it is a crime to contact the applicant/claimant - even if he or she WANTS to contact you.
types of no-contact orders
-
If the accused/respondent is charged with assault, threat, or causing harm or fear to someone, they may be ordered not to contact the applicant/claimant until their trial is over. This order can be made by the police, a judge, or a justice of the peace.
TIMEFRAME: Applies until the accused/respondent’s trial is over. If they are found guilty, it applies until they have been sentenced AND could become a condition of their probation. A trial can be multiple weeks or sessions long.
-
If the accused/respondent pleads guilty or is found guilty, the judge may sentence them to probation instead of jail. Or the judge may order probation after release from jail. The judge will set conditions (rules) for the accused/respondent’s probation, which may include a No-Contact Order.
TIMEFRAME: Probation orders can last up to three years.
-
If the accused/respondent is convicted of a crime and given a conditional sentence, they will not go to jail. Instead, they will serve their sentence in the community and must follow specific conditions (rules), which could include a No-Contact Order.
TIMEFRAME: Conditional sentences can be in place for up to two years.
-
The police can ask for a peace bond to stop the accused/respondent from contacting someone who feels unsafe. A judge will decide if the peace bond is needed and what the conditions will be. It usually includes a No-Contact rule with the victim and any children. While waiting for a hearing, the No-Contact rule will be part of the accused/respondent’s bail. A peace bond does not give the accused/respondent a criminal record but breaking the conditions set in place can lead to criminal charges and a conviction.
TIMEFRAME: A peace bond may be in place for up to one year.
-
The accused/respondent’s partner or family member can ask the court for a No-Contact Order to be put in place without telling the accused/respondent. The judge can make the order even if the accused/respondent is not there, but they will receive a copy. The order may include no-contact with the victim and any children, and staying away from place they would normally go. It may also include rules about weapons.
The accused/respondent can ask the court to set aside (cancel) the order if they believe it to be unfair.
The order does not give the accused/respondent a criminal record but breaking it can lead to criminal charges. The police will enforce the order and use physical force if needed.
TIMEFRAME: Family law protection orders last until the date noted on the order. If there is an end date on the order, it will last for one year.
-
Legally prohibiting both individuals (respondent and claimant) from contacting each other. A court may decide that a protection order is unnecessary but can still advice both parties to avoid contact, both directly and indirectly. Additional conditions (rules) may be applied to the order - limiting how close each person can be to the other’s home, workplace, etc.
TIMEFRAME: The court will set the duration, which can vary from a few months to a longer person, depending on the circumstances.
Remember that No-Contact Orders can added onto protection orders if needed:
Protection orders that can include no-contact restrictions:
When can no-contact orders be put in place?
A No-Contact Order will be placed on the accused if:
The victim is likely to testify against the accused at trial
The accused is charged with a violent or threatening offense against the victim
The victim has reasonable concerns about being contacted by the accused
The prosecutor or court also takes other factors into account, including the severity of the offense. For instance, a No-Contact Order is likely to be put in place if the accused faces charges of assault or threat against the victim.
No-Contact Orders can be issued at any stage of the criminal justice process, from the moment charges are filed until the accused has fully served their sentence.
Since September 2014, no-contact conditions must be included in all probation orders and conditional sentences, unless:
The court determines there are exceptional circumstances, OR
The victim agrees to the contact.
Who can ask for a no-contact order?
The Police
The Court
The Prosecutor
The Victim
Family members
If the police release the accused without a bail hearing, they will include a no-contact condition as part of the probation terms. The police can also ask for the order to protect a victim or witness.
If there is a bail hearing, the court decides whether to release the accused before trial and sets the conditions; whether to include a no-contact order. Both the defense lawyer and prosecutor will present their reasons for or against release and suggest any conditions, including a No-Contact Order. Sometimes, both lawyers may agree on the release with conditions, but the court must approve it.
A victim and/or a family member can also apply for a No-Contact Order through the court, especiaily in cases involving family violence.
What if children are involved?
If a victim has concerns or wants to give input on release conditions regarding their children, they should contact Victim Services. Victim Services will inform the prosecutor of the victim’s concerns. For example, if one parent is concerned about safety for their children but still want the alleged abuser to see the children once a week, specific no-contact conditions can be applied.
Victim Services will pass the concerns to the prosecutor, who may request contact through a third party or with written permission from a bail supervisor or probation officer. Only the court can change or remove the accused’s release conditions.
Most common conditions of a no-contact order
No direct or indirect contact with the victim:
This is the most common no-contact condition. It includes all forms of communication, such as texting, emailing, sending notes, or having someone else contact the victim on your behalf.
No contact with the victim while using alcohol or illegal substances:
This condition is often applied when alcohol or drugs were involved in the offense. It is typically part of the sentence rather than a release condition.
No contact with the victim, except through a third party for child custody or access arrangements:
This condition applies when the accused and victim have children and need to make arrangements for custody or visitation. If this type of contact is necessary, the victim should inform Victim Services, who will notify the prosecutor.
No contact with the victim, unless approved in writing by a bail supervisor or probation officer:
This is a common condition for those involved in the Domestic Violence Treatment Options Court or charged with relationship violence. The bail supervisor has the discretion to allow contact with the victim if deemed appropriate.
Do not go to the victim’s home or workplace:
This condition prevents the accused from visiting places where the victim is often, such as their home or workplace, to limit opportunities for contact.
applying for a no-contact order
If you or a family member wants to apply for a no-contact order, first:
Request: The process starts when someone who feels threatened, asks the court for a no-contact order by filing a petition or legal document that explains why the order is needed.
Court Review: The court looks at the request, considering the evidence and reasons from the person asking for the order.
Types of No-Contact Orders: There are different kinds, ranging from completely preventing contact to limiting physical presence or communication through others.
Duration: No-contact orders can be short-term, lasting until a court hearing, or long-term, lasting months or years, depending on the judge's decision.
Communication Restrictions: The order stops phone calls, texts, emails, social media contact, and being near the protected person’s home, workplace, or other places.
Protection and Peace of Mind: The main purpose is to protect the person who requested it, giving them safety and peace of mind by creating a legal barrier.
The court carefully considers issuing a no-contact order, which is important for situations where someone's safety is at risk. It helps protect the person from fear or interference
FAQ
What are the consequences of violating a no-contact order?
Breaking a no-contact order is a serious offense and can result in legal consequences, including fines, probation violations, or jail time. The seriousness of the consequences depends on the details of the violation.
If the other person wants to meet up with me, is it okay?
No. If you have a no-contact order, you can be charged with a criminal offense if you try to make contact, even if both of you want to meet. You must go to a judge in either criminal or family court to request a change to the order before contacting the other person.
The other person is ignoring the order and tries to call, text, or find me. What do I do?
Do not reply and walk away if necessary. Tell your bail supervisor, probation officer, lawyer, or contact victim services. If it is an immediate situation, contact the police and tell them what is going on. They will investigate the situation and take action.
Can I change a no-contact order/no-contact conditions?
Yes, it’s possible, but it’s a complicated process that requires legal steps. You can speak to family court duty counsel. Or another way to change a no-contact order is if the Crown Prosecutor agrees. However, depending on the charges, the victim’s wishes, and the details of the breach, the prosecutor may oppose it. In that case, the accused will need to apply to the Superior Court.
It can take some time—weeks or even months—before the court hears the application. Before changing the no-contact order, both the prosecutor and the court will look at things like:
The seriousness of the allegations – The more serious the claims, the less likely the court will allow contact.
Whether the victim wants contact – If the victim feels unsafe, the no-contact order will likely stay.
The accused's history of assault – A past of assault makes it harder to lift the order.
Past violations of court orders – If the accused has broken no-contact orders before, the court will likely keep it in place.
Efforts to address alcohol, drug, or mental health issues – If the accused hasn't made efforts to improve, the order is likely to remain.
Access to weapons or threats with them – If the accused has access to weapons or has made threats, the order will probably stay.
Whether the victim understands their rights – It’s important for the victim to be aware of their rights and responsibilities in these situations. For cases involving children, you’ll have to prove to a judge that things have changed in your life that make it reasonable to change the order. The judge will look at what’s in the children’s best interests.
resources
Edmonton Community legal centre (ECLC)
TELUS House, South Tower, 2nd Floor 10020 100 Street, Edmonton, AB T5J 0N3
Victim services
John E. Brownlee Building, Provincial Government Offices on the 10th Floor
10365 97 Street NW, Edmonton, AB T5J 3W7
Assistance with civil, criminal, and family law issues
John E. Brownlee Building, Room 8124 on the 8th Floor
10365 97 Street NW, Edmonton, AB T5J 3W7
Centre for Public Education alberta (CPLEA)
10339 124 Street, Edmonton, AB T5N 3W1