Understanding Written Revocable Consent for Partners with a No-Contact Order

If you or your partner is subject to a no-contact order imposed by a court, navigating your relationship and daily life can be challenging. However, under certain circumstances, courts may allow for written revocable consent, which provides some flexibility within the boundaries of the order.

This blog explains what written revocable consent means, how it works, and what it entails for partners who want to communicate or interact despite a no-contact order.

What is a No-Contact Order?

A no-contact order is a court-imposed condition that prohibits an individual (the accused) from communicating with or being near a specified person (the complainant or protected party). No-contact orders are often imposed in cases involving domestic disputes, harassment, or other charges where the safety or well-being of the complainant is a concern.

The goal of a no-contact order is to protect the complainant while legal proceedings are ongoing or as part of sentencing. Breaching a no-contact order is a serious offence that can lead to additional criminal charges.

What is Written Revocable Consent?

Written revocable consent is a legal mechanism that allows a protected party under a no-contact order to consent, in writing, to specific forms of contact with the accused.

Key Features:

1. Consent Must Be in Writing:

   • The complainant must provide written permission outlining the terms of the contact they are comfortable with.

   • This written document acts as evidence of consent.

2. Revocable at Any Time:

   • The complainant can revoke their consent at any time, either verbally or in writing.

   • Once revoked, the no-contact order remains fully enforceable, and any further contact may constitute a breach.

3. Court Approval May Be Required:

   • In some cases, the court must approve written revocable consent to ensure it aligns with the conditions of the no-contact order.

     
     

When is Written Revocable Consent Used?

Written revocable consent is often used in situations where:

• Co-Parenting Arrangements: Parents with a no-contact order need to coordinate visitation, custody, or other matters related to their children.

• Shared Residences: Partners may need to discuss living arrangements, property division, or financial matters.

• Mutual Reconciliation Efforts: Both parties wish to reconcile but are subject to a no-contact order.

  
  

How Does Written Revocable Consent Work?

1. Drafting the Consent:

   • The complainant (protected party) must create a written document specifying the terms of the contact they are allowing.

   • The document should include:

     • The type of contact permitted (e.g., in-person, phone, text).

     • Specific conditions or limitations (e.g., only to discuss parenting matters).

     • A clear statement that the consent can be revoked at any time.

2. Providing the Consent:

   • The written consent must be provided to the accused and, in some cases, shared with the court or law enforcement to avoid misunderstandings.

3. Revoking Consent:

   • If the complainant decides to revoke their consent, they must notify the accused immediately.

   • Revocation can be verbal or written, but written revocation is recommended for clarity.

     
     

Limitations of Written Revocable Consent

1. Does Not Override the Court Order:

   • Written revocable consent does not cancel or modify the no-contact order itself. The order remains in effect, and consent only allows for specific exceptions.

2. Court-Ordered Restrictions Still Apply:

   • If the court explicitly prohibits certain forms of contact (e.g., in-person meetings), written consent cannot override these conditions.

3. Accused Still Bears Responsibility:

   • The accused must ensure that any contact strictly adheres to the terms of the consent. Misunderstandings or exceeding the scope of consent can still result in a breach.

     
     

Benefits of Written Revocable Consent

1. Flexibility for Communication:

   • Allows partners or co-parents to address practical matters without violating the no-contact order.

2. Clear Boundaries:

   • Written terms provide clarity and reduce the risk of misunderstandings.

3. Control for the Protected Party:

   • The complainant retains control over the type and extent of contact and can revoke consent if they feel unsafe or uncomfortable.

     
     

Challenges and Considerations

1. Power Imbalances:

   • Written revocable consent should only be provided voluntarily and without pressure or coercion from the accused.

2. Risk of Breach:

   • Even with written consent, any contact outside the agreed terms may still be considered a breach of the no-contact order.

3. Legal Advice Recommended:

   • Both parties should seek legal advice to ensure compliance with the no-contact order and avoid unintended legal consequences.

     
     

How to Request Written Revocable Consent

If you are the accused and wish to request written revocable consent:

1. Consult Your Lawyer:

   • Your lawyer can discuss the feasibility of written revocable consent in your case and communicate with the complainant’s lawyer or the court if necessary.

2. Respect Boundaries:

   • Do not directly pressure the complainant to provide consent. All communication regarding this request should be handled professionally and respectfully.

3. Court Approval (If Required):

   • In some cases, your lawyer may need to file a motion or application with the court to seek approval for written revocable consent.

     
     

Final Thoughts

Written revocable consent can be a useful tool for navigating the complexities of a no-contact order, especially for co-parents or partners managing shared responsibilities. However, it requires clear communication, mutual agreement, and strict adherence to the terms set out by the protected party.

If you are considering written revocable consent or are subject to a no-contact order, consult an experienced criminal defence lawyer to guide you through the process and ensure your rights and responsibilities are protected.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.