What is a No Contact Order?
A no contact order is a restrictive order that prohibits one party from having any contact with another party. A "no contact" order can be issued before a person is convicted of a crime or after a conviction addressing crimes ranging from threats, assaults and murders to other more minor offenses. Also known as a stay away order, a Washington no contact order is typically issued for the following reasons:
• Felony Violations. Washington state law requires courts to issue a no contact order in felony criminal cases involving domestic violence.
• Misdemeanor/ Gross Misdemeanor. A Washington no contact order can be issued as a condition of sentencing for a misdemeanor or gross misdemeanor charge of driving while intoxicated (DWI) , fourth-degree assault, stalking, harassment, communication with a minor for immoral purposes and violation of a protection order.
• Anti-Harassment. The court may issue an anti-harassment order to larger groups of people who are affected by a particular situation such as harassment or stalking (e.g., medical professionals, school officials).
Most no contact orders will apply to both "direct" and "indirect" communications. Any phone calls, text messages, emails, and social media postings made to the the subject of a no contact order may ultimately be considered a violation of the document.
Legal Basis and Jurisdiction
The legal basis for the issuance of No Contact Orders in Washington State is primarily found in RCW 10.99, which is a Washington State statute that provides for the issuance of Anti-harassment Protection Orders. More commonly, these cases are referred to as No Contact Order cases. RCW 10.99 is titled the "Protection Order Act" and can be used in a variety of civil proceedings in Washington State. RCW 10.99.020(1) states that a court in Washington "may restrain a person from committing further criminal offense while in possession of firearms or other dangerous weapons." Contained within the statute is authority for the courts of Washington State to deal with no contact order violations and sanctions against violating individuals. In Washington State, there are two types of no contact orders: injunctions and anti-harassment protection orders. A protection order issued pursuant to RCW 10.99 is an Anti-harassment Protection Order and is limited to civil proceedings under that statute. As such, jurisdictions will use that civil proceeding to validly issue a no contact order under the above-referenced statute. Generally speaking, only courts in the "district and municipal courts of the state" may issue a No Contact Order under the Protection Order Act. RCW 10.99.040(2). However, the Federal Courts have concurrent jurisdiction with the State Courts for underlying criminal charges, which means that either court system could hear the case. There are numerous cases on point that hold that there is no duty to advise an arresting officer about the potential existence and continuing legal effect of a restraining order. Smith v. Moore, 129 Wash 2d 789, 801, 921 P.2d 514 (1996); State v. Tocki, 137 Wn.2d 859, 975 P.2d 519 (1999); State v. Madison, 133 Wn. App. 222, 225, 134 P.3d 223 (2006). While the statute appears clear about which courts have jurisdiction, and the fact that other courts have concurrent jurisdiction, the reality is that the District and Municipal Courts in Washington have very broad discretion with regards to issuing no contact orders. The most commonly issued no contact orders are those issued subsequent to a person being arrested and charged with a crime involving harassment, assault, and/or domestic violence. The standard for a superior criminal no contact order is "preponderance of the evidence." A lower standard is used to issue a civil Anti-harassment Protection Order. A judge can deny a request for a no contact order, but it is uncommon for them to issue a situation where there is a chance that the underlying case will not result in a conviction. Important to note however, is that there are in fact two types of Warrant Arrests that are issued by Washington State Courts, one for conviction of a crime, and the second for violation of a no contact order.
Types of No Contact Orders
In Washington, there are a few different types of no contact orders. Understanding the type of order issued against you, and the implications therein, can help you navigate this formally legal process. Domestic no contact orders, civil no contact orders, and orders issues during criminal proceedings.
A domestic violence no contact order is based on the domestic violence statute in RCW 26.50. A domestic violence no contact order is based on either a restraining order or protection order, and in some cases both.
If you live with someone who you’re related to, such as a spouse or child, or if you’re living with someone you have had an intimate relationship with or a formally recognized dating relationship. However, if the relationship was just casual or briefly physical, that will not constitute a "dating relationship" for this purpose. The person against whom you’re seeking a protection order must also be over the age of 16.
Civil no contact orders are issued for cases that do not involve domestic violence. The RCW for civil no contact orders are 7.105.010. In some cases, a civil no contact order may not be granted if the victim has not also sought a domestic violence no contact order in the past 2 years.
There are two types of no contact orders issued while charges are being pursued in a criminal trial. The first is a "no taint" order, which prohibits a defendant from speaking with witnesses. The second is a "no contact order" which is part of the defendant restrictions while they are being tried on a violent crime.
Process of Obtaining a No Contact Order
In Washington State, obtaining a no contact order is a step a victim of domestic violence may take to further ensure their protection and safety against another person. Orders can be made verbally or in writing, but generally the process requires a petition to the court to determine if an order is appropriate. A petition can be filed by a parent, guardian, a person having custody of a minor, a law enforcement officer, a prosecuting attorney, or an adult person, age 16 or older, seeking protection for him/herself. The petition is an important document providing the court with information related to the case and helps determine the appropriateness for an order.
A filing fee is applicable, as with most court filings, but a fee waiver can be obtained if a petitioner cannot pay the fee. After filing, the petition is assigned to a judge and a hearing date is set. The petitioner must also provide a copy of the petition to the appropriate law enforcement agency. An affidavit should be filed confirming service to the law enforcement agency. A temporary order may be issued if the court finds good cause that an immediate danger of irreparable harm exists to the complainant or any other presently protected persons. The temporary order is generally effective until the full hearing and can also include a request for a weapon surrender.
The petitioner must serve the respondent (the party against whom the order is sought) at least five days prior to the hearing. Service can be done through personal service or by mail. If the petitioner is a minor, the respondent must be served with notice that a guardian ad litem will be appointed to represent the minor. Restraining orders cannot be served by telephone or fax.
If the petitioner misses the scheduled date and time of the hearing, the case can be dismissed. A hearing at which the petitioner does not appear must be scheduled for a later date, unless a temporary order was previously issued. If neither party appears, the case will be dismissed. If the respondent appears but the petitioner does not, the hearing can be continued for good cause, make a permanent order, or dismiss the case.
Rules and Conditions Imposed by the Order
While the ultimate goal of a no-contact order is to end the cycle of violence and harassment, the conditions and rules imposed by the order have a serious impact on the day-to-day lives of the individuals involved. Each no-contact order may have different terms, but certain conditions are commonly attached to most orders in Washington State.
Some of the most common terms found in a no-contact order include:
• Prohibition against contact: Typically, the no-contact order will straight-forwardly state "no contact" between parties. This term prohibits all forms of physical or verbal communication, including electronic communication (email, text message, social media, etc.). The "no contact" rule applies to all forms of communication, including in-person, over the phone, and through a third-party. For this reason, no-contact orders are often referred to as "3-day" orders, as parties may find it difficult to avoid contact upon being served.
• Banned locations and possessions: In Washington, a no-contact order may attach to specific places such as a home, school, place of employment, place of worship, or daycare. Certain possessions, such as pets or vehicles , may also be specifically referenced as property that the restrained party must stay away from.
• Firearm prohibition: Upon issuance of a no-contact order in a domestic violence matter, the restrained party will also be prohibited from possessing firearms, such as handguns, rifles, and ammunition. In addition, this prohibition applies in the case that the restrained party already possesses firearms, which will be reallocated to a family member or removed by law enforcement.
In addition to these common terms, no-contact orders may also include other restrictions such as:
• Restriction of proximity: Proximity restrictions prevent the restrained party from approaching the protected party within a certain distance, such as 250 feet or 1 mile.
• Restriction of activity: No-contact orders may restrict certain activities such as attendance at a school or community center.
• Attendance at a batterer’s treatment program: In some cases, a no-contact order may require the restrained party to complete a batterer’s treatment program.
The duration of a no-contact order will depend upon the circumstances and the strength of the evidence in the case. For example, an ex parte order may last 5 to 14 days, while a final order may last for one year or longer.
Consequences of Violating a No Contact Order
Consequences for Violation of a No Contact Order
In Washington State, the consequences of violating a no contact order can be serious. Both criminal and civil penalties can result when a person or entity violates the terms of a no contact order. Due to the nature of no contact orders, which are issued in response to alleged incidents of domestic violence, criminal offenses and civil penalties are often the same in these situations.
Criminal penalties may include jail time or other incarceration, fines, probation, and/or community service. If you are found in violation of a no contact order, you may also be required to fulfill certain terms that the judge imposes regarding the no contact order and the original charges that caused the issuance of the no contact order.
Actions that can be seen as violating a no contact order include:
A violation of the order may not be enough alone to convict a person of a domestic violence crime, however. Even a police officer who notices a potential violation of an order is not able to arrest someone for violating the order unless the accused perpetrator is also committing a domestic violence crime at the time of the incident, i.e., assault.
If you have been accused of violating a no contact order – or you have received a petition for a no contact order against you – it is in your best interest to speak with a highly experienced domestic violence defense attorney in Washington State immediately. A strong legal defense strategy can help to ensure your rights and privileges are upheld.
Modifying or Terminating a No Contact Order
A no contact order, once implemented, can be a considerable burden on an individual. Washington State law does provide for modification or termination of order under certain circumstances. However, such modifications and/or terminations are not taken lightly by a Court. The burden is on the requesting party to show that the previous order should be rescinded or altered.
Modifications, like the initial order, are issued by the Commissioner or Superior Court Judge of the district or municipal court. The modifications, thus, must be sought through the Judicial Branch of the county court. While there are no specific forms for a motion or petition regarding this issue, a written request for modification must be made and notification must be provided to the protected party. Under CR 65(c), a hearing on the petition is mandatory and proper notice must be given to the other party. Other procedures from CR 65 (e.g. bond) must generally be followed. However, the petitioner does not need to undergo a hearing before the Petition can be filed. Note: if the incident from which the order was entered occurred before the parties were married, the Order will not be placed on CHIC.
There are two categories for the modification or termination of a no contact order: (1) Modifications requiring a hearing and (2) Modifications not requiring a hearing.
Modifications not requiring a hearing can be requested in two different ways: (1) by agreement of the parties or (2) after two years from the date of entry of the original order.
Mutual Agreement
If the parties have resolved their differences and both agree to waive the order, they may ask the Court to modify or terminate the no contact order. The request must be supported, however, by:
The petitioner must request the hearing from the Court and provide 48 hours notice of the hearing to the respondent. If both parties are present and consent, then the motion will be granted. If both parties do not appear, nor give notice, then the proceeding will be dismissed without prejudice and the order remains in effect.
Two Year Sunset
Requests for termination of no contact orders after two years from "entry of the order" are now fairly common. Under RCW 10.99.040(7)(c), a party may request a hearing for one or more of the following reasons:
The motion must be made in writing and signed by the person making the motion. In addition, the motion must:
Like the mutual agreement modification process, the Court will find that it is in the best interest of the protected party to terminate or modify the order. NOTE: There does not need to be any physical violence after the order’s entry to modify or terminate the order.
However, the process does require that the respondent serve a 14 day notice upon the protected party, and allow for any hearing to be granted during that time. If the notice has been served, and the protected person does not appear on the hearing date, the Court shall dismiss the motion and reinstate the order.
Modifications with a Hearing
For all other modification requests, the Court must provide notice to the protected party and set a hearing. A return of service must be filed with the Court. The Court must also ensure that the protected party knows the date of the hearing, has the opportunity to appear at the hearing, and may have legal counsel.
Two steps are necessary to prove that the Court should terminate the restraining order:
The petitioner must prove that the protected person’s safety or security is presently at risk.
The hearing procedure for these types of modifications is similar to the procedure for dissolutions. For the petition to succeed, the following must be proven: It is important to note that the order may not be terminated if the petitioner cannot satisfy the Court of his/her request. The decision to modify a protective order is left to the discretion of the Court. If the hearing does not occur because the parties fail to give proper notice, the Court shall dismiss the motion. Before granting or denying the motion to modify the order, the court may continue the hearing for a time not to exceed 30 days from the original date. The State may also choose to dismiss the order. RCW 10.99.040 allows any prosecuting attorney that seeks dismissal from the court of any order on behalf of the State of Washington. Such requests require notice and an opportunity for the individual to be heard before the Court.
Resources and Support for Affected Individuals
Recognizing the challenges that accompany no contact orders, the State of Washington has made available various resources and support to individuals directly impacted. These resources are aimed at ensuring that affected individuals can access the information and legal aid they need, as well as providing counseling and psychological support. Below are some of the various resources available to individuals dealing with a no contact order.
Legal Assistance
Individuals can access the Washington Law Help’s online guide for assistance in obtaining the information needed to understand and fight no contact orders . In addition, the General Court Information Center helps individuals directly navigate the Washington judicial system and provides them with information on how to apply for court forms. The Office of Public Defense of Washington also seeks to assist eligible adults and children who have been charged with criminal matters within the state of Washington.
Counseling and Victim Advocacy
Advocates are available in every county within Washington. Similarly, counselors are readily available to help individuals impacted by a no contact order. Washington Coalition of Sexual Assault Programs and Washington Coalition Against Domestic Violence both seek to provide counseling and therapy to individuals who have been victims of crimes.