No Contact Orders

When people in Washington talk about No-Contact Orders, they are usually referring to a particular type of protection order. These types include Anti-Harassment Orders (RCW Chapter 10.14), Domestic Violence Protection Orders (RCW Chapter 26.50), Restraining Orders (Multiple RCW sections) normal No-Contact Orders (formal order issued by a criminal court) and simple conditions of release (again for criminal cases). There are two general types of defense relating to No-Contact Orders: fighting a criminal charge of violating an order, and fighting the imposition of an order in the first place. Ashbach Law Offices, LLC has successfully represented clients charged with criminal allegations as well as facing imposition of orders. No-Contact orders can have significant life impacts, including inability to live at home, see loved ones, possess a firearm, and depending on the employer, loss of a job or career. To learn more about preventing an order, scroll down. NO-CONTACT ORDER CRIMINAL CHARGES A criminal allegation for violating a no-contact order may be a Gross Misdemeanor or a Felony, depending on the circumstances. Implicit in the charge of violating a protective order is the existence of a valid no-contact order at the time the violation was alleged to occur. Thus, if the order was legally invalid, a conviction should not stand. A person violates a protection order when he or she knowingly violates one or more of the provisions in the order that expressly prevent the person from contacting the protected party. Whether the protected party invites the contact or consents to it is irrelevant; the contact itself is the criminal violation. Under RCW 26.50.110, a person commits the crime of violation of a no-contact order when he or she:

• a) Knows of the existence of an order (protection, restraining, vulnerable adult, no-contact, sexual-assault, or foreign protection order); and
• b) knowingly violates a restraint provision of that order (such as exclusion from a defined place or location, having contact, coming within a specified distance of a location, or performing some other prohibited act)

Normal violation is a Gross Misdemeanor, punishable by up to a year in jail (365 days) and a five thousand dollar ($5000) fine, plus probation costs and possible treatment requirements. Violation of no-contact order is a Class C Felony if any of the following are present:

• a) the person violated the order by committing assault; or
• b) the conduct was reckless and created a risk of death or serious physical injury to another; or
• c) the person had previously been convicted two or more times of violating a no-contact order

Ashbach Law Offices, LLC is experienced in achieving successful outcomes for its clients charged with violating protection orders. If you, or someone you care about, has been charged (or may be) with a Domestic Violence crime in King County, Skagit County, Snohomish County, or Whatcom County, call Ashbach Law Offices, LLC today at (360) 659-4950 for a free, no-pressure case evaluation. PREVENTING A NO-CONTACT ORDER No-Contact Orders (or protection orders) are typically entered in one of three ways: imposition by a criminal court before a case has been concluded (Pre-Trial No-Contact Order), imposition by a criminal court after a conviction (Post-Conviction No-Contact Order), and imposition by a civil court after a party petitions the court for protection. If granted, the order may last a year, two years, five years, or be permanent. Terms usually include loss of firearm rights. In a criminal case, a court will usually attempt to impose a no-contact order at arraignment, particularly for domestic violence or assault charges. These orders can have significant impacts on family and employment, as the orders may prevent a restrained party from going home, seeing children, speaking with spouses or significant others, or even being at work if the alleged victim works at the same place. The time required to successfully resolve a criminal case varies depending on the allegations, so the impact of an order can be long-lasting and expensive. Having an experienced attorney who is familiar with the courts may be able to prevent an order from being imposed, or should be able to get the order dropped in a timely fashion. In a civil case, a petitioning party (person seeking protection) will usually write out a statement of why an order is needed, and file it with a court, asking for a temporary protection order. If the judge or commissioner, looking only at the petitioner’s statement, is satisfied that an order is appropriate, the judge/commissioner will then enter a temporary order and then schedule a hearing on the issue. The responding party (person to be restrained) must then be served with the petition, temporary order, and notice of the hearing. At the hearing, the court will hear from both sides and determine whether a permanent order is appropriate. The standard used by the court is “more likely than not,” so getting an order is relative easy for a petitioning party. However, each party is entitled to representation by an attorney, which typically has a significant impact on whether or not an order is entered. Additionally, each judge or commissioner has his or her own particular style for conducting the hearings, so it is helpful to have an attorney familiar with that court help. Ashbach Law Offices, LLC has successfully represented many, many people in either getting a No-Contact Order lifted, or from having one entered against them. Additionally, we have many times helped the protected party (such as a spouse who is the “victim” of a domestic violence crime) get a protection order terminated. If your life is being negatively affected by a No-Contact Order, or you are facing imposition of a No-Contact Order, call Ashbach Law Offices, LLC today at (360) 659-4950 for a free case evaluation.