Is a No Contact Order Violation by Victim Legal?

Yes. Because no contact orders are orders made to an accused, therefore, there is nothing preventing a victim by contacting an accused person under a no contact order. However, in rare cases victims have been charged with facilitating breaches because of their efforts to contact an accused person and have the accused person contact them. Usually they are not charged. A no contact order violation by a victim is not a violation of a court order.

An accused person bound by a no contact order should contact a lawyer if he is being contacted by a victim in a domestic assault case. If the contact continues, it could possibly be illegal and the victim making the contact could be charged with criminal harassment. A defendant that responds to unwanted communication from a victim can be charged with breaching the no contact order, whether he/ she responds to the communication directly or indirectly. Because of this, it is very important to resist any urge to communicate without permission from the court.

If you are a victim or an accused in a domestic violence situation with a no contact order it is best to see a criminal lawyer before starting or responding to any contact from the other side. This will ensure that you are not breaking the law.

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