In Washington State, a no contact order is a serious court order designed to protect individuals, often in cases involving domestic violence or criminal harassment. When such an order is issued, it imposes legal restrictions on the restrained party, prohibiting contact with the protected party.
No contact order violations can lead to severe consequences, including charges for a criminal offense or even a felony violation. Law enforcement takes these violations seriously, and individuals facing such allegations require skilled legal representation to address the criminal case effectively.
Table of Contents
Torrone’s Takeaways
- No contact orders stem from criminal cases, differing from civil protection orders.
- Any direct or indirect contact with the protected party is a violation.
- Accidental proximity can violate the order, regardless of intent.
- Violations can lead to serious gross misdemeanor or felony violation charges.
- Do not respond if the protected party contacts you; it is still a violation.
- Document any unwanted contact from the protected party for your records.
- Modifying an order requires a formal motion to modify filed with the clerk of the court.
- Courts decide modifications based on many factors, not just the protected party’s wishes.
- After an alleged violation, stay silent and immediately get legal representation.
No Contact Order in Washington State
What Exactly Does “No Contact” Mean?
A no contact order is a court order in a criminal case, restricting the restrained party. It strictly forbids any direct or indirect communication with the protected party, including calls, text messages, or third-party contact. This prohibition ensures the protected party’s safety and well-being.
How Do No Contact Orders Originate?
These directives originate from criminal courts, often in domestic violence or domestic assault cases. A judge can issue a no contact order as a release condition or under bond conditions. The clerk of court formalizes these emergency orders as part of the legal process.
No Contact Orders vs. Restraining Orders
A no contact order ties to a criminal offense proceeding. A protection order, like a restraining order or domestic violence restraining order, is a civil court order. Family courts issue these to safeguard a family member or household member, including an order for protection or civil protection order.
Table: No Contact Order vs. Protection Orders in Washington State
| Features | No Contact Order (NCO) | Protection Order (PO) / Restraining Order (RO) |
|---|---|---|
| Origin | Issued in a criminal case, often by criminal courts. Part of a criminal proceeding (e.g., arrest, arraignment, sentencing). | Initiated as a civil action, usually in family courts. A party petitions the court for protection. |
| Purpose | Protects a protected party from further harm, harassment, or contact stemming from an alleged criminal offense. | Protects an individual from abuse, harassment, stalking, or sexual assault, whether or not a criminal charge is pending. |
| Parties | Primarily involves a defendant (the restrained party) and a victim (the protected party) in a criminal matter. | Involves a petitioner (seeking protection) and a respondent (from whom protection is sought). Often involves household members or a family member. |
| Initiation | Can be issued by a judge sua sponte (on its own motion) or requested by the prosecutor’s office or victim as part of the criminal case. | Requires the protected party (petitioner) to actively file court papers and often attend an ex parte hearing. |
| Duration | Typically lasts until the criminal case concludes (dismissal, acquittal, or sentencing). Post-conviction NCOs can be issued for years. | Can be temporary (e.g., 14-day temporary protection order after an ex parte hearing) and then become permanent (typically 1-5 years, or indefinitely). |
| Violation | A violation can lead to new criminal offense charges, often a gross misdemeanor or felony violation. Mandatory arrest applies. | Violation could lead to new criminal offense charges (gross misdemeanor or felony, similar penalties to NCO violation). Mandatory arrest applies. |
| Modification/Termination | May be modified or terminated by a Motion to Modify filed in the criminal court where the case resides. | May be modified or terminated by a Motion to Modify or Motion to set aside filed in the civil court that issued it. The clerk of the court can assist. |
| Legal Counsel | Strongly requires legal representation from a criminal defense attorney due to the criminal nature and potential for jail time. | Benefits greatly from legal advice from an attorney, especially when dealing with the family courts or seeking modifications. |
What Constitutes a Violation of a No Contact Order?
Direct Communication
Any direct attempt by the restrained party to contact the protected party violates a no contact order. Sending text messages, making phone calls, or emailing constitutes a clear breach of the court order. Such actions can quickly escalate into a criminal offense, leading to immediate legal consequences.
Indirect Contact Through Third Parties
Violations extend to indirect interactions. Contacting the protected party through friends, a family member, or social media platforms is prohibited. Any attempt to convey messages or monitor the protected party via another individual or online presence can result in a serious criminal case.
Physical Proximity (Even Without Intent)
Simply being in the same location as the protected party can breach a no contact order, even without intent. Accidental encounters, for instance at public venues, still pose a significant risk for the restrained party. Remaining clear of any proximity is a legal restriction to avoid a potential felony violation. Law enforcement takes these allegations seriously.
Penalties for Violating a No Contact Order
Gross Misdemeanor Charges
Violating a no contact order in Washington State typically results in gross misdemeanor charges. A conviction carries serious penalties, including up to 364 days in jail, fines reaching $5,000, or both. Offenders may also face probation, electronic monitoring, and court-mandated domestic violence treatment programs.
Felony
Felony violation occurs under specific circumstances. If the violation involves assault, reckless endangerment, or if the restrained party has two or more prior convictions for violating a protection order (including out-of-state domestic violence restraining orders), the charge elevates to a Class C felony. Penalties can then include up to five years in prison and a $10,000 fine.
Beyond Fines and Jail
Beyond direct criminal sanctions, a criminal offense conviction for violating a no contact order brings significant indirect consequences. These include the loss of firearm rights, difficulties with employment and housing, and negative impacts on professional licenses. Such convictions also affect child custody arrangements, creating long-term challenges for family members.
Table: Common Penalties for No Contact Order Violations in Washington State
| Violation Type & Circumstance | Classification | Potential Penalties |
|---|---|---|
| First Violation | Gross Misdemeanor | Up to 364 days in county jail. Fines of up to $5,000. Mandatory electronic monitoring. Court-ordered domestic violence perpetrator treatment. Loss of firearm rights (for any domestic violence related offense). Enhanced sentencing if involving alcohol/drugs. |
| Felony Violation | Class C Felony | Up to 5 years in state prison. Fines of up to $10,000. Mandatory electronic monitoring. Mandatory domestic violence perpetrator treatment. Permanent loss of firearm rights. Significant impact on employment, housing, and professional licenses. |
| Felony Escalation Triggers | Occurs if:1. The violation involves an assault or reckless endangerment of the protected party.2. The restrained party has two or more prior convictions for violating a protective order or no contact order (including out-of-state DVPOs). | |
| Additional Consequences | Probation/Community Custody | Extended period of supervision by the Department of Corrections or local probation. Strict conditions, including no contact, substance abuse evaluations, and regular check-ins. Violations can lead to more jail time. |
| Bail/Bond Revocation | If an alleged violation occurs while out on bail for the underlying criminal case, bail may be revoked, leading to immediate detention until trial. This impacts bond conditions. | |
| Civil Penalties | Potential for civil contempt of court charges. Civil damages lawsuit by the protected party for harm caused by the violation. |
Defense Against a Violation Charge
Challenging the Validity of the Order
A key defense strategy involves questioning the original no contact order’s legitimacy. A skilled criminal defense attorney examines whether the court order was properly issued, whether the restrained party received adequate notice, and whether procedural errors occurred. Successful challenges can weaken the prosecution’s criminal case.
Lack of Knowledge or Intent
To secure a conviction for violating a no contact order, the prosecution often must demonstrate that the restrained party knew about the court order and intentionally acted against it. Defendants may assert a genuine lack of awareness of the order’s existence or terms. Accidental proximity, without intent to contact, can also be argued to mitigate culpability.
Disputing the Allegations of Contact
Directly refuting claims of contact forms another defense pillar. A criminal defense team investigates the evidence, looking for inconsistencies in witness statements, police reports, or alleged text messages.
Evidence proving the protected party initiated contact, while not a legal defense in itself, can sometimes influence the prosecutor’s office in plea negotiations or sentencing. Strong factual arguments are essential.
When the Protected Person Reaches Out
The “Invited Contact” in Washington Law
A common misconception suggests that if the protected party initiates contact, the restrained party is free to respond. Washington law firmly rejects this “invited contact” defense. The no contact order remains a court order imposing legal restrictions solely on the restrained party. Any engagement, even when invited, constitutes a violation.
You Must Still Avoid Any Engagement
Responding to contact from the protected party directly contravenes the court order. Doing so can lead to criminal offense charges and further complications in a criminal case. Law mandates that the restrained party maintain absolute non-contact, regardless of the protected party’s actions. Seeking legal advice immediately is prudent.
Document Unwanted Contact from the Protected Party
If the protected party attempts communication, the restrained party should document every instance. Save all text messages, emails, voicemails, and other communications. Do not respond.
Instead, contact law enforcement or your criminal defense attorney. Precise records can be vital evidence in a motion to modify or in defense against future false allegations, and can be shared with the prosecutor’s office.
Modifying or Terminating a No Contact Order
Legal Pathways to Change an Order
Ending or altering a no contact order requires a formal legal process. Typically, the protected party files a motion to modify or terminate the court order with the clerk of the court.
Legal avenues exist even for the restrained party to seek modification, often requiring demonstration of a “substantial change in circumstances.” Legal representation is highly advised to properly navigate these requests.
Factors Courts Consider for Modification
Judges weigh several factors when considering a motion to modify. Courts evaluate the passage of time since the original incident, whether the criminal case is still pending, and the restrained party’s compliance with any court-ordered treatment or bond conditions.
The presence of new incidents of domestic violence or threats would generally prevent any modification. The judge also considers whether a safety plan is in effect for the protected party.
The Role of the Protected Party’s Wishes
While the protected party’s desire to change or drop the order holds significant weight, it is not the sole determinant. The court retains discretion, prioritizing overall safety. Even if the protected party requests termination, the prosecutor’s office and the judge will independently assess ongoing risks, especially in cases with a history of domestic violence or criminal offenses. The protected party’s appearance at a hearing is often required.
What to Do After a Violation Allegation
The Critical Importance of Silence
When facing an allegation of a no contact order violation, remaining silent is important. Any statements made to law enforcement or the protected party can be used against the restrained party in a criminal case.
Exercising the right to remain silent prevents unintentional self-incrimination and protects one’s criminal defense. Do not offer explanations or justifications.
Legal Representation
Upon learning of an alleged violation, obtaining legal representation without delay is essential. A qualified criminal defense attorney specializing in domestic violence and protection order cases in Washington State can offer immediate legal advice. An attorney acts as a crucial buffer between the restrained party and the prosecutor’s office, advocating for rights from the outset.
Evidence and Witness Information
Acting quickly to collect pertinent information strengthens any defense. Document all communications, including text messages or emails, that could be relevant. If a witness observed the events, secure their contact details.
Any evidence demonstrating compliance with the court order, or disputing the allegations, is valuable. Your criminal defense attorney will guide you in compiling and preserving all necessary evidence for court.
How to Prevent Violations of a No Contact Order
Clear Boundaries
Maintaining strict adherence to a no-contact order requires precise boundary setting. The restrained party must avoid all locations where the protected party might be, even if it means altering daily routines.
This proactive approach minimizes any potential for accidental proximity, which can still lead to a criminal offense charge. Reviewing the court order regularly ensures full awareness of all legal restrictions.
Professional Support and Counseling
Engaging with professional support services can significantly aid compliance. Therapists or counselors specializing in anger management or domestic issues can provide tools to manage emotions and behaviors that might otherwise lead to a criminal case or violation.
Participating in such programs demonstrates a commitment to rehabilitation, which can be viewed favorably by family courts or the prosecutor’s office should future issues arise.
Regular Legal Consultations
Periodic consultations with a criminal defense attorney offer ongoing peace of mind and help ensure continued compliance. Questions about specific situations or potential ambiguities in the no contact order or changes in circumstances can be addressed proactively.
An attorney can offer personalized legal advice, clarify court forms, and even assist with inquiries regarding the clerk of the courts, mitigating the risks of a felony violation or other charges down the line.
Frequently Asked Questions
1. What is a “no contact order” versus a “protective order”?
A protective order is a civil order issued by family courts, often called a restraining order. A no contact order, conversely, arises from a criminal case. Both aim to limit contact but originate from different legal proceedings.
2. Can a no contact order affect child support or custody arrangements?
Yes, a no contact order can significantly impact child support and custody arrangements. Courts prioritize child safety, and such orders often necessitate supervised visitation or adjustments to parenting plans.
3. What happens if the protected party tries to contact the restrained party?
Even if the protected party initiates contact, the restrained party is still obligated to maintain no contact. Responding constitutes a violation of the court order. Document any such attempts and report them to the law enforcement agency.
4. Are out-of-state DVPOs recognized in Washington State?
Yes, out-of-state DVPOs are generally given full faith and credit in Washington State. They are enforceable as if they were issued by a Washington superior court, providing continued protection.
5. How can a no contact order be terminated or modified?
Typically, the protected party files a motion to modify or terminate the order with the clerk of the court. A court hearing is then scheduled where a judge will assess various factors before deciding whether to change or drop the order.
6. Does an extreme risk protection order also prohibit contact?
The extreme risk protection order in Washington State primarily focuses on firearm surrender and possession. It does not typically include no-contact provisions like a standard protective order, though contact restrictions can arise from separate criminal proceedings.
7. What is an “ex parte hearing” in relation to no contact orders?
An ex parte hearing is a court proceeding where only one party is present, often for an initial request for a temporary protective order. The court assesses urgency based on the presented court papers before a full restraining order hearing can occur.
Conclusion
Dealing with a no contact order in Washington State demands diligence and adherence to legal restrictions. Consequences for even minor infractions can be severe, impacting one’s freedom and future. Proactive compliance, getting professional support, and obtaining sound legal advice are essential. Individuals subject to such a court order should consult with qualified legal representation to create a personalized plan, ensuring full protection of their rights throughout the process.
