NASCAR Star Receives No-Contact Order
Posted on Thursday, February 19th, 2015
NASCAR driver Kurt Busch has been ordered by a judge to stay away from an ex-girlfriend, according to recent reports. Patricia Driscoll received the order, which is good for a year, after testifying that Busch suffered from anger and impulse control issues. The order requires him to stay 100 yards away from her except at NASCAR races and events where his presence is required to perform his job duties.
The order was the result of a criminal complaint filed by Driscoll after she claims that Busch assaulted her in September 2014. No charges have been filed in that case, and the no-contact order is not part of a criminal proceeding but instead an action under family court jurisdiction. Busch has denied the allegations.
What Is A No-Contact Order?
While a no-contact order is technically a civil matter, it often springs from a criminal complaint. The conditions for such an order vary depending on the circumstances of the order, but the normal procedure is for one party to request a “restraining order” due to the illegal conduct of the other party. This frequently occurs in relationships in which there may be an element of abuse or stalking, although it can also apply to business owners and customers, neighbors or even colleagues at work.
It is important to remember that a no-contact order is not proof of criminal conduct. Instead, it is the court’s way of keeping two people from harassing each other by protecting the interests of both. Technically, only one person has to file for a no-contact order for it to be effective, although in some cases both parties seek such orders simultaneously. Sometimes people also use these orders as a way of drawing attention to themselves and their argument with a significant other. For this reason, courts do not usually allow evidence of a no-contact order to be used to bolster criminal charges against a person unless other evidence is also present.
I Have Received a No-Contact Order, What Should I Do?
If you are involved in a relationship in which you are unable to get along with the other person to the extent that he or she has filed a no-contact order against you, it is wise to remove yourself from the situation as quickly as possible. While a no-contact order is not a criminal complaint, it can easily generate a criminal charge if you violate its terms.
For more information or to prepare a defense to stalking or other charges, contact the Amerio Law Firm in Sacramento for help.