Capt. Danny Graham, of the Clarendon County Sheriff's Office, has released the following.
Today’s topic is on an issue we have encountered a few times, and thankfully, we were able to find a solution here at the Sheriff’s Office. Extensive research, questions and conversations have been conducted to find a resolution to this formally frustrating and confusing issue. The issue is called a No Adverse Contact Order (NACO).
This is more of a provision than an order, but it is most commonly seen in separation and divorce decrees. This issue was brought to my attention earlier this year. The Sheriff’s Office had an active case we were working on, and this order was in the victim’s divorce decree. The victim was trying to get an order of protection hearing, but due to the NACO she was denied.
After researching and trying to get clarification on why this would disqualify a victim from being granted a hearing, we focused on the verbiage of the NACO. The verbiage outlines the type of behavior and actions that can and cannot be conducted and allowed between the two parties. If for some reason one of the parties were to violate the orders outlined in the NACO, then the other party was to contact their lawyer and have the person at fault ruled into court.
The problem we encountered was that, in all of our cases, the victims weren’t able to afford the attorney’s fee to file the paperwork. The very order that was put in the decree to help both parties was now preventing them from receiving help. Also, we realized the NACO was only enforceable in the jurisdiction it was issued from.
The order of protection, which was needed, is enforceable anywhere in the country. After talking to several people in the judicial and family court communities, we were able to get a clear understanding of the NACO and its true purpose and meaning. We now are able to agree that having the NACO provision should not disqualify any victim the opportunity to be granted an order of protection hearing.
In closing, finding sensible and lawful solutions to real problems is just another way we strive to improve the quality of life for anyone living in or visiting Clarendon County. As always, The Clarendon County Sheriff’s Office is here to protect, serve and inform. Please don’t hesitate to call should you need our assistance.
Capt. Danny Graham
