Q: If a bond and restraining order was set does that mean you have been charged? Can they hold you on a complaint?
My husband was arrested the next day he was given 100,000 bond. His public defender said the only thing she has received is a complaint he has been in jail 8 days.
A:
There are 2 types of restraining orders. One is typically called a CPO or Civil Protection Order. This is started by someone who swears under oath to a clerk of the court, usually in the clerk's office, that the man has threatened violence to her or her children or has battered her and/or her children. This will typically result in a referral to police or Health and Welfare but not always. The Clerk's are instructed to have the paperwork referred to the "on call" judge. This judge will review the paperwork and if it alleges a credible threat or the commission of a crime, he will sign the Civil Protection Order.
The other kind of restraining order is the No Contact Order. This is ONLY begun by the initiation of criminal charges. The alleged offender is arrested and prior to his release on bond he must be hand delivered a copy of the "NO CONTACT ORDER." This is the only "stay away order" that comes with criminal charges automatically.
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