Would a legal name change modify or void a no contact order?
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Would a legal name change modify or void a no contact order?
If the state has ordered a no contact order against the defendant from making contact with the victim as part of sentencing for a domestic violence case and the victim gets a legal name
change, does that make the no contact order void if the victim does not wish to extend/modify the no contact order or alert the defendant of the legal name change?
Asked on May 5, 2016 under Criminal Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, a legal name change does not legally void the order: the victim is still the same person, regardless of his/her name. Practically, the name change may make it more difficult to enforce: e.g. say that the defendant violates the order and the victim calls the police and shows them the order--the police may say, "this order is for Jane Doe, but you're Sarah Roe; it's not your order." Of course, you could then show documentation that you were Jane Doe, but it would be better to go back to court and get the order modified or amended to reflect the new name.
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