Civil Protection vs. No-Contact Orders in Washington State

Civil protection orders (CPOs) and no-contact orders (NPOs) are not synonymous, though they are used in similar contexts. And despite their differences, violating civil protection or no-contact orders carries similar consequences in Washington State.

Individuals seek civil protection orders by filing petitions with civil courts, while judges overseeing criminal cases involving domestic violence-related offenses often issue no-contact orders that prevent a defendant from having any contact with the alleged victim.

For help with your case from our Tacoma, WA domestic violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

What Are the Differences Between Civil Protection and No-Contact Orders?

Civil protection orders are sought and issued differently, though they address similar issues.

Initiation

Civil protection orders are initiated when an individual files a petition in civil court. On the other hand, a no-contact order is used by the judge overseeing a criminal case. Judges often impose no-contact orders when defendants face domestic violence-related charges against intimate partners or family members.

Purpose

Individuals generally seek civil protection orders when no crime has been committed yet, but they are fearful of future stalking, harassment, domestic violence, or assault. Civil protection orders are typically a preventive measure. In contrast, no-contact orders are issued to protect witnesses and prevent any contact with the defendant who is alleged to have already harmed them.

Prohibited Conduct

Civil protection orders and no-contact orders typically prohibit conduct that is similar, but not identical. If a no-contact order is issued in a criminal case, the defendant may not communicate with the alleged victim at all, including in person, by phone, online, or through a third party. That also prohibits the defendant from returning to a shared home or seeing shared children.

Civil protection orders have similar restrictions. The order might require an individual to stay a certain distance away from the complainant, whether at work, home, or school.

Involved Court

If a civil court order is issued against you, the alleged victim will file it in civil court. No-contact orders are issued in criminal court, soon after the defendant is arraigned and enters their plea. Since no-contact orders are only issued in criminal courts, you must be facing criminal charges for this type of order to be issued against you and enforced.

Duration

Generally, civil protection orders issued by a Washington judge last for up to one year. The length of no-contact orders varies; they are at least one year, though they often last many years.

What Are the Similarities Between Civil Protection and No-Contact Orders

Civil protection orders and no-contact orders are both seriously enforced, and individuals often face penalties for violating them.

Enforcement

Both civil protection orders and no-contact orders are enforced by local law enforcement in Washington, which may arrest an individual if it has probable cause to believe that either type of order has been violated.

Violation Penalties

Allegedly violating a civil protection order or a no-contact order is charged as a gross misdemeanor in Washington. For offenses involving reckless endangerment, the charge may increase to a class C felony. Having two or more convictions for CPO or NCO violations may also lead to a class C felony charge on the third arrest.

Gross misdemeanors are punishable by up to one year in jail and fines of up to $5,000. Class C felonies are punishable by up to 5 years in prison and a fine of up to $10,000.

FAQs About Civil Protection and No-Contact Orders

What if I Get Arrested for Violating a Civil Protection or No-Contact Order?

If you are arrested for allegedly violating a civil protection or no-contact order in Washington, do not try to explain yourself to the police; contact our attorneys instead. Though you may have a valid explanation, you risk undermining yourself under pressure from law enforcement.

Should I Treat Civil Protection and No-Contact Orders the Same?

Not necessarily; while you should heed the rules within either order similarly, know that with a no-contact order comes criminal charges. While you may not have to go to court many times if a civil protection order is issued against you, you will have to prepare for a trial, as that is the only reason the judge issued the no-contact order.

Can I Contest a Civil Protection or No-Contact Order?

You can contest both civil protection and no-contact orders in Washington. Getting an order resolved while you are also facing criminal charges against the alleged victim can be challenging. Our domestic violence defense attorneys may file a motion to modify the no-contact order so you can have access to shared children or face fewer restrictions on your movements during a criminal case.

Who Can Get Civil Protection and No-Contact Orders?

No-contact orders are issued during criminal cases to protect the alleged victim from the defendant. Judges may also issue no-contact orders to protect other witnesses in the case.

Anyone who files a petition for a civil protection order may get one, and there is no need for a crime to have actually occurred for this to happen.

What Conduct is Prohibited by No-Contact Orders?

No contact with the alleged victim is allowed after a judge issues a no-contact order. This includes attempts to contact the alleged victim through a third party or otherwise indirectly.

Will I Lose Bail if I Violate a No-Contact Order?

The judge overseeing your criminal case may revoke your bail if you violate a no-contact order, though sometimes judges only increase bail in these situations.

What if You Unintentionally Violate a No-Contact Order

Unintentional no-contact order violations may occur when individuals live in the same area and frequent similar locations, and our lawyers may be able to contextualize the matter so the judge overlooks the violation.

Call Us About Your Domestic Violence Charges in Washington

For help with your case from our Lakewood, WA domestic violence defense attorneys, call the Law Offices of Smith & White today at (253) 203-1645.