No Contact Orders In Washington
No Contact Orders are serious business and violating them is a crime - it can even be a felony. There are different types of orders and we discuss them all below. This article will answer common questions about No Contact Orders, including:
How to avoid criminal charges for violating a No Contact Order
What you can do about a No Contact Order
What happens if the protected party wants you to have contact with them despite the order?
What if the victim wants the No Contact Order removed?
Read on for more information.
WHAT IS A NO CONTACT ORDER?
What can a No Contact Order restrain you from?
A No Contact Order, often referred to as a restraining order, is an order issued by a court that restricts you from contact with a person, or even a business entity. Beyond just restraining you from contacting that protected party, a no contact order can be specific in the type of contact it restricts. Aside from communicating with that person, a no contact order can require you to stay physically away from that person. This can extend to their work or school, or their home, even a home you own or share with this person. Some No Contact Orders are specific about the type of contact they allow or disallow. For example, some orders may allow you to speak about child custody only, or some orders may allow “peaceful” contact but prohibit threatening, assaulting, stalking, or doing other harmful things to that person.
How will I know what conditions apply?
If you are the party restrained by a no contact order, you are required to receive service of that order. Therefore if a court should order one against you, you will be served with a copy so that you are aware of the order and its conditions. The order will list what you are ordered not to do, and would also list any exceptions to the order. If your order originates in criminal court, the court will review the terms for you at a hearing. If you are unsure of any conditions, consult an attorney before testing the waters and accidentally violating it.
Does the No Contact Order also stop that person from contacting me?
No. The no contact order only restrains the person it is issued against from contact, it does nothing to restrain the protected party. Many people are under the mistaken belief that these orders are mutual but they are not. If you are the restrained party, the order does not protect you, it can only be used against you. Therefore, the protected party could repeatedly contact you without punishment or intervention. It is on you to refuse to initiate or respond. If they reach out to you, you legally must refuse to engage or face criminal charges for doing so. If you were to see that person in a public space you would be required to turn around and leave. If they came to your home, the only option you may have is to contact law enforcement.
It is very common that the protected party wants to have contact, or change the order, we address what to do about this below.
CIVIL VS. CRIMINAL NO CONTACT ORDERS
What types of No Contact Orders are there?
No contact orders, or restraining orders, can originate from two different processes; either criminal or civil. Read about both kinds below:
Civil No Contact Orders
Civil No Contact Orders are the type that are requested by the protected party in a civil court, sometimes it stems from a hearing where the protected party is only asking the court for the no contact order; other times it may arise during another proceeding, for example divorce proceedings. With civil No Contact Orders, the party restrained by the order is entitled to an opportunity to be heard. In some cases the court will hold an emergency hearing for a request for a civil No Contact Order - in these cases the court can grant a temporary No Contact Order without the other party being notified. After the hearing, the party will be served with a copy of the temporary order and notified of a future date where they can come to court to contest the order - at that hearing the court will hear both sides and decide whether to extend the temporary order into one that is more permanent. If you, as the restrained party, choose not to appear at the hearing, the order can still be entered against you whether you contested it or not. If you are the requesting party, a failure to be at the hearing usually means the no contact order will not be issued.
Are civil no contact orders hard to get?
Often times these orders can be very difficult for the petitioner to get, even in cases where they are alleging a history of abuse. It can also be more difficult when the other party is contesting the order. The court is very scrutinizing of these requests, as it is restrictive to the restrained person’s liberty and freedom. Therefore, the court will usually expect to see evidence of a threat before issuing an order. This can be a daunting process to navigate on your own, but many people do so without the help of an attorney. Courts have self-help centers and victim resources for people acting on their own looking for additional help. However, for people who can afford it, having an attorney can be helpful when it is a complicated or high stakes case.
What happens when you violate a civil no contact order?
Whether your order originated in civil or criminal court, violating it is a crime. Therefore, you can be charged with a misdemeanor under RCW chapter 9A.46.080, or a felony depending on the conduct. You can read about this criminal charge here.
Criminal No Contact Orders
These orders are tied to a criminal case, meaning they are only issued if you are already in court dealing with a criminal charge. No Contact Orders are issued in many different types of criminal cases, and are often non-negotiable to the court, particularly if you want to stay out of custody while your case is pending. For example, if you are charged with a burglary of a store, you may be prohibited from going to that store. If you are charged with assaulting someone, you may be restricted from contact with them, as well as going near their work, school, or home. Most commonly these orders arise and are the most difficult to deal with in cases labeled as domestic violence, which you can read more about here.
With a criminal No Contact Order, the court can grant one whether the victim wants it or not, and even over the victim’s objections. The effect of these orders can even remove you from your home until the case is resolved if that is where the protected party resides - even if you own it and they don’t. Violating one of these orders is a crime in itself, so violating the order can land you with more criminal charges and complicate your original case further, including having you taken back to jail for violating the conditions of your release.
WHAT IF THE VICTIM DOES NOT WANT THE NO CONTACT ORDER?
What if the protected party wants me to have contact with them? What if they want the order to go away?
As stated above, the order only prevents the restrained party from contacting the protected party, therefore the protected party can contact the restrained party without repercussions. However if the restrained party replies, they can face criminal charges for doing so, and be thrown in jail for the new charges or for violating conditions of their release in a criminal case.
It is very common for protected parties to reach out and tell you they still want contact, especially in criminal cases because often they did not request the order in the first place. However, to violate the order is a crime, even if the protected party asks you to violate it. The protected party does not have the power to change or rescind the order and allow contact. The only entity with the power to allow that contact again is the court. If you violate the order you can be charged with a crime, and the fact that the protected party wanted you to violate it is not a defense. Many people make this mistake and end up in jail for either violating the conditions of their release, or being charged with a new crime, or both. Do not make this mistake, removing or changing the order must go through the proper channels as outlined below.
Remember - Jail calls are recorded
That means if you call a protected party in violation of a court order while in jail, the jail and the prosecutor will be able to hear it, and can very easily charge you with this crime, as well as easily prove it because they will have the phone records and the audio recording. So, don’t make this mistake. Some people try to get around this by calling from other numbers or pretending to be someone else. This is not a solution, as given the context of the conversation, it is usually easy to establish the person’s identity.
How can the protected party remove the order?
A protected party can petition the court to change or remove the order, but it is at the court’s discretion whether they do so or not. The process and outcome are different depending on whether the order is civil or criminal as explained above. Bear in mind, that if you are restrained from contact with someone you should absolutely not be discussing with them trying to remove the order - this could lead to charges beyond just violation of the no contact order such as Witness Intimidation under RCW 9A.72.110 or Witness Tampering under RCW 9A.72.120, which are felonies.
Civil orders
For a civil order, if you got the temporary order, but have changed your mind and no longer want to make it permanent you can contact the court to rescind your motion for the order, tell the court you changed your mind at the hearing; or you could decide not to attend the hearing which generally results in the order being denied. If the hearing was already held and the order was granted, you will need to petition the court to change or remove it. You can start this process by inquiring with the court. Most courts have a self-help center that can assist you in this situation.
Criminal Orders
For a criminal order, as a victim with a no contact order you can make your wishes heard in several ways. One is through the victim’s advocate, and they may help you effect your wishes. However, be aware that the victim advocate works for and with the Prosecutor. So it is not uncommon for them to have bias as to keeping the order in place, and speaking with them about the case can have a negative impact on the restrained party’s criminal case. As the victim you have the power to note up a hearing on the No Contact Order and be heard by the court - you can contact the court or self help center at the court to find out how. They will give you a date where you can make your case in court. Remember talking about the actual criminal case can have a negative impact on the restrained party’s case if your goal is to help them.
What can I say as a victim to have the order removed?
As stated above, talking about what happened in a criminal case that lead to the order is a bad idea if you want to help the person facing the criminal charges, even if you think what you have to say would be helpful. So what can or should you say? The court is concerned with the protected party’s safety so they will want to know if they remove the order, how will you be safe? How have things changed so that an incident will not occur again? It is helpful to share things with the court such as: what support system you have; whether you have made a personal safety plan with a local DV outreach program; or if either party is in counseling or receiving treatment for mental health or substance use. You can also explain to the court what hardships the order has caused you, for example maybe you have children together or share finances. The court may not be willing to remove the order, but they may be willing to change it and reconsider removing it in the future if steps are made in the right direction; you can suggest this to the court. For example starting by allowing phone contact, and working up from there. You do not have to hire an attorney to do this, you can do all this yourself, although it can be difficult to navigate it on your own.
WHAT CRIMES CAN I BE CHARGED WITH FOR VIOLATING A NO CONTACT ORDER?
Violating a No Contact Order
Violating the order in any way is a crime under RCW chapter 9A.46.080, and it can be charged as either a misdemeanor or a felony, depending on the conduct and your criminal history. If you have been convicted of this charge in the past, or the violation was alongside an alleged act of violence, it can be charged as a felony. Read more about this charge here.
Witness Tampering or Witness Intimidation
If the protected party is also a potential witness against you in an underlying criminal case, then talking to them about the case goes beyond a simple violation of the order, it may also amount to Witness Tampering under RCW 9A.72.120 or Witness Intimidation under RCW 9A.72.110. Dissuading a witness from testifying, cooperating in an investigation or attempting to influence their testimony can be charged as Witness Tampering and is a class C felony. If this is done by a threat, it can be charged as Witness Intimidation which is a more serious class B felony.
Residential Burglary
It is surprising to many people, but unlawfully entering a home that you are prohibited from being in due to a No Contact Order can be charged as Residential Burglary. Read more about this charge here. A large amount of Residential Burglary charges stem from this exact scenario, and no it does not have to involve a theft, or any other crime to be charged this way.
WHAT CAN I DO ABOUT A NO CONTACT ORDER?
Follow it and use the correct processes if you want it changed or removed.
Don’t make the mistake of complicating things or facing additional criminal charges by violating an order. Follow the proper steps, and if your order is related to a criminal case, get an attorney on board to help. If you are in this situation you can schedule a free consultation here.
