Will a No-Contact Order Be Issued After an Assault in Washington?

If you are charged with assault against an intimate partner or household or family member, that is a domestic violence offense. Domestic violence is taken very seriously in Washington, and judges may issue no-contact orders before a defendant has even been convicted of a crime.

A no-contact order may be issued and in effect while a defendant is out on bail and awaiting trial. The order will prohibit any contact between the defendant and the alleged victim, as well as other conduct, like going to their home, workspace, or other shared spaces. A judge may also issue a post-conviction no-contact order in Washington. Violating a no-contact order has serious consequences, so call our lawyers if you were arrested for violating a no-contact order.

Get help from our Tacoma, WA assault defense lawyers by calling the Law Offices of Smith & White at (253) 203-1645.

Will a No-Contact Order Be Issued Before an Assault Conviction in Washington?

Judges typically issue no-contact orders in domestic violence assault cases in Washington. You may be restricted by a no-contact order after an arrest and before your trial even begins, without being convicted of an assault charge.

According to RCW 10.99.040(2)(a), since repeated violence against domestic violence victims is so common, judges may issue no-contact orders that defendants must follow while released from custody before arraignment or trial, out on bail, or released on their own recognizance.

If a no-contact order is issued prior to release on bail, the judge may require electronic monitoring as a condition of the defendant’s release.

When a no-contact order is issued before you have been charged with a crime, it will automatically expire at arraignment or within 72 hours if charges are not filed, according to 10.99.040(6).

If charges are filed, the no-contact order may be extended and stay in place for the rest of the trial.

If you are acquitted, the no-contact order will likely be terminated, though the complaining witness may still seek a civil domestic violence protection order against you. Judges also issue post-conviction no-contact orders that restrict defendants’ actions even after their release.

What Are Conditions of No-Contact Orders After an Assault?

Most no-contact orders have standard rules, though judges can tailor them as necessary. We can make sure you understand all the conditions of the no-contact order against you to avoid unintentionally violating it.

Prohibit Any Contact

A no-contact order prohibits someone facing assault charges from making any attempt to contact the alleged victim. The order also prohibits the defendant from attempting to contact the victim’s family or household members, which may include shared children. Nonphysical contact is also prohibited, as well as trying to contact the victim directly, indirectly, or even through a third party.

Exclude Defendant from Shared Spaces

No-contact orders also prohibit the defendant from being in any previously shared spaces, such as a residence, workplace, or school. This means a no-contact order may stop you from living in a shared home or seeing your children, even if you are still awaiting trial and have not been convicted of assault or any other domestic violence-related charge.

Mandate Staying a Specified Distance Away

The no-contact order may also mandate you stay a specific distance away from the alleged victim at all times, such as at least 100 yards. Coming within that distance at any time, no matter the location, could put you in violation of a no-contact order.

Other Related Prohibitions

No-contact orders may include additional stipulations at the judge’s discretion to reduce the risk of harm. A defendant may be forced to surrender their firearms and be prohibited from accessing shred assets, and may face other restrictions while a no-contact order is in place.

What if You Violate a No-Contact Order After an Assault?

Violating a no-contact order is illegal in Washington, and you may face additional consequences if you violate the no-contact order while out on bail or parole.

Willfully violating a no-contact order is a gross misdemeanor, according to 9A.46.080. You can be arrested for committing a gross misdemeanor in the presence of a police officer in Washington, or for violating a protection order, according to 10.31.100.

Since you may not be arrested or break any laws while out on bail, violating a no-contact order may cause the judge to revoke your bail for the remainder of your assault trial.

If you are arrested for violating a no-contact order, call our Lakewood, WA assault defense lawyers right away. Even if your violation was unintentional, don’t try to explain yourself to the police. Instead, tell us what happened, and we can present the explanation to the judge.

Suppose you violate a post-conviction no-contact order while out on parole after serving a portion of your sentence for a domestic violence assault charge. In that case, you risk being arrested and returned to prison.

What if a No-Contact Order is Unfair in Washington?

Suppose a no-contact order has been issued against you because you are facing assault charges, but you think the terms are unfair and too restrictive. Rather than violating the no-contact order, contact our lawyers, and we may be able to file a motion to modify or dissolve it.

Let us prepare arguments for modifying the no-contact order, especially if you want to continue seeing your children throughout a domestic violence assault trial. Willingly submitting to electronic monitoring might convince the judge to modify some aspects of the no-contact order as well.

Working to get the charges against you dropped can also address an unfair no-contact order. Suppressing evidence, questioning the credibility of witnesses, and providing an alternate explanation of events may lead to the charges getting dropped and the no-contact order getting dissolved.

Call Our Lawyers About Your Assault Case in Washington

Get help from our University Place, WA assault defense lawyers by calling the Law Offices of Smith & White today at (253) 203-1645