No Contact Orders for Sex Offenders

Under G.S. 15A-1340.50, a judge may issue a permanent no contact order prohibiting a sex offender from coming into contact with the victim of his or her offense. According to the procedure set out in the statute, the prosecutor can, at the defendant’s sentencing for a reportable sex crime, request that the judge issue a no contact order. The defendant then gets the opportunity to show cause why the order should not issue. The victim also has a right to be heard. If the judge determines at the hearing that reasonable grounds exist for the victim to fear any future contact with the defendant, then the judge must issue the no contact order. The court has to enter written findings of fact and the grounds on which the order is issued. The AOC form for the order, AOC-CR-620, gives the court plenty of space to do that. The law gives the judge some flexibility in determining the exact form of relief set out in the order. It can, among other things, order the defendant not to threaten or visit the victim; not to abuse or injure the victim; not to telephone or electronically contact the victim; not to be present at the victim’s residence, school, or work; or some or all of the above. There is also a catch-all provision that allows the court to impose any other relief deemed necessary and appropriate. Again, the AOC form accommodates this sort of cafeteria plan approach to shaping the order. At any time [...]