No Contact Orders vs Restraining Orders: How They’re Different

When someone experiences sexual assault, dating violence, stalking, or other forms of misconduct, safety and protection become immediate priorities. In both campus settings and criminal justice systems, protective mechanisms are available but they are not identical in purpose, scope, or enforceability. Two common types of orders are the No Contact Order in a Title IX investigation and the Restraining Order issued by a criminal or civil court. Understanding the difference between these legal and administrative tools is essential for complainants navigating trauma, seeking accountability, and protecting their rights.

At Saland Law, we help complainants understand these distinctions while guiding them through Title IX hearings or parallel criminal proceedings. Founded by former Manhattan prosecutor Jeremy Saland, our firm brings unique insight into both campus adjudications and criminal courts. With nationwide reach and a focus on meticulous, compassionate representation, we empower victims to take back control of their futures.

Understanding Title IX and Its Protections

What Title IX Covers

Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681–1688) prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. Over the decades, courts and the Department of Education have interpreted Title IX to encompass various forms of gender-based and sexual misconduct, including:

• Sexual assault and rape
• Sexual harassment
• Unwanted sexual contact
• Stalking based on sex
• Dating violence and domestic abuse
• Retaliation for reporting misconduct

Schools are obligated to prevent and respond to these incidents, whether they occur on campus, during school-sponsored events, or in contexts that affect a student’s access to education. Institutions must conduct prompt, fair, and impartial investigations and take appropriate steps to ensure that the complainant can continue to access educational opportunities without fear or intimidation.

Interim Measures Under Title IX

When a Title IX complaint is filed, one of the first steps a school takes is implementing interim measures to ensure safety. These steps are designed not to prejudge responsibility but to offer a supportive environment. One of the most common interim actions is the imposition of a No Contact Order between the complainant and the respondent.

What Is a No Contact Order in a Title IX Hearing?

A No Contact Order (NCO) is a directive issued by a college or university that prohibits any form of communication or interaction between two parties; typically the complainant and the respondent. It is an administrative tool, not a legal penalty. Despite its informal nature compared to a court order, its consequences can be serious within the academic context.

Purpose and Scope of a No Contact Order

The primary goal of a No Contact Order is to maintain the integrity of the investigative process and preserve the complainant’s access to education. It does not determine guilt or innocence but aims to protect against retaliation, intimidation, or further trauma while the Title IX process unfolds.

No Contact Orders typically prohibit:

• In-person contact on or off campus
• Phone calls, text messages, emails, or social media communication
• Third-party communication or messages relayed through friends or classmates
• Proximity in shared spaces like residence halls, classrooms, or dining areas

Schools may adjust housing assignments, alter class schedules, or limit access to certain campus facilities to accommodate the order. These arrangements often remain in place throughout the investigation and appeal process.

Enforceability and Violations

Because No Contact Orders are not court orders, they are enforced by the school. A violation is treated as a student conduct offense. If the respondent breaches the NCO by approaching the complainant, sending a message, or using intimidation, disciplinary action may follow, ranging from warnings to suspension or expulsion. The complainant should immediately report any violations to the Title IX office or designated administrator.

However, since a No Contact Order does not carry criminal penalties, law enforcement will not intervene unless the behavior also constitutes a crime.

What Is a Restraining Order in a Criminal Case?

Unlike a No Contact Order, a Restraining Order, sometimes called a Protective Order, is a legal directive issued by a judge that places restrictions on an individual to protect someone else. These orders are enforceable by the police and carry criminal consequences if violated.

Types of Restraining Orders

Restraining Orders may be issued in various contexts:

• Criminal Protective Orders in response to an arrest for sexual assault, domestic violence, or related offenses
• Temporary Restraining Orders (TROs) granted in emergency situations to offer immediate protection before a court hearing
• Final Restraining Orders issued after a hearing where the judge finds sufficient evidence of harm or threat

Depending on the jurisdiction and nature of the allegations, a restraining order may prohibit all contact, require the respondent to surrender firearms, or exclude them from the victim’s home, school, or workplace.

Enforceability and Legal Consequences

Restraining Orders are enforceable by local, state, and campus law enforcement agencies. If a restrained person violates the terms, they may face immediate arrest, criminal contempt charges, or even new misdemeanor or felony counts. Courts treat violations seriously, especially when they involve repeated or escalating behavior.

For complainants, a restraining order provides a layer of legal protection that a campus NCO does not. It is particularly important when the alleged misconduct involves physical violence, threats, or persistent stalking.

Comparing the Two: Key Differences That Matter to Complainants

For someone who has experienced sexual assault, dating violence, or stalking, the distinction between a Title IX No Contact Order and a court-issued Restraining Order can be confusing. Each plays a role in protecting complainants, but their scope, origin, and legal power differ significantly.

Issuing Authority

A No Contact Order comes from a college or university through the Title IX office or student affairs. It is based on internal policy and applies only within the school’s jurisdiction. A Restraining Order, in contrast, is issued by a judge and may arise from criminal proceedings, civil court petitions, or both.

Legal vs Administrative Nature

No Contact Orders are not legal documents and are not enforceable outside the school setting. Restraining Orders carry legal weight and are enforceable by police across jurisdictions.

Duration and Process

A No Contact Order typically remains in place through the duration of a school investigation or until the school determines it is no longer necessary. It may be lifted or modified administratively. Restraining Orders have a formal expiration date but can often be renewed or converted into permanent orders following court hearings.

Enforceability and Sanctions

Violating a No Contact Order may result in disciplinary sanctions from the school. Violating a Restraining Order can lead to arrest, fines, or jail time.

Protective Scope

A school’s NCO usually applies to contact in campus-related settings but may not address broader safety concerns like off-campus harassment. A Restraining Order can restrict conduct anywhere and may include conditions such as staying away from the complainant’s home, job, or family members.

Evidence Requirements

For a Title IX No Contact Order, the school need not find the respondent responsible. The standard for imposing one is often minimal; usually a credible complaint. For a Restraining Order, especially a permanent one, the court generally requires evidence of harm, threat, or harassment, often presented through testimony or affidavits.

When Both Orders Are Needed

It is not uncommon for complainants to pursue both a No Contact Order through the school and a Restraining Order through the courts. These protective mechanisms can complement one another.

For example, a college student may report non-consensual sexual contact to the Title IX coordinator and receive an NCO while also reporting the incident to the police. If criminal charges are filed or there is an ongoing threat, a court may impose a criminal protective order.

In other cases, where there are safety concerns but no pending criminal case, a complainant may petition the court for a civil restraining order while simultaneously working with the school to maintain academic accommodations and distance from the respondent.

Legal counsel can help coordinate the two processes so that neither interferes with the other. A judge may even consider the existence of a school’s NCO when deciding whether to grant a restraining order, especially if the conduct has continued beyond the scope of campus authority.

The Role of Legal Counsel in Seeking Protection

Navigating trauma while trying to protect yourself within multiple systems can be overwhelming. Schools, law enforcement, prosecutors, and courts each operate on different timelines and standards. While Title IX offers administrative remedies, and the criminal courts provide legal protection, neither system is always equipped to fully address the needs of victims without strong advocacy.

That’s where Saland Law steps in. Jeremy Saland’s experience as a former prosecutor and current Title IX advisor allows him to strategically advise complainants across both forums. We can help you:

• Request a No Contact Order through your university with appropriate documentation
• Petition for a Restraining Order in court, whether or not charges have been filed
• Report violations of either order and advocate for swift enforcement
• Coordinate with school officials, Title IX coordinators, campus police, and prosecutors
• Prepare for Title IX hearings and restraining order proceedings
• Maintain your privacy, academic standing, and safety throughout the process

Complainants may also benefit from supportive measures like counseling referrals, academic accommodations, and relocation assistance. Our firm can help secure these services and ensure you are not left navigating the process alone.

Protection Is a Right, Not a Privilege

Whether you are a college student facing sexual harassment in a residence hall or a graduate student dealing with stalking after a breakup, your right to safety and dignity matters. Title IX was designed to ensure equal access to education, free from sex-based hostility or retaliation. The courts, too, recognize that survivors deserve real, enforceable protection.

But systems do not always work seamlessly. Schools may delay action, or courts may require a high threshold of evidence. The support of experienced legal counsel can make a critical difference in ensuring your voice is heard and your rights are protected.

At Saland Law, we believe complainants deserve more than bureaucratic responses or legal jargon. We believe in delivering fierce, compassionate, informed representation to those who seek justice and protection.

Take Action and Protect Yourself Today

If you are a complainant navigating a Title IX process, a criminal investigation, or both, do not leave your safety to chance. Whether you need help securing a No Contact Order from your school or pursuing a Restraining Order through the courts, Saland Law is here to advocate for you.

Call Saland Law today for a confidential consultation. Let our team of experienced legal professionals guide you through the process with clarity, compassion, and strength. You do not have to face this alone and you should never have to choose between your safety and your education.