What Happens if I Violate a No-Contact Order in Washington?
You could be arrested and face additional criminal charges for violating a no-contact order, on top of the original, most likely domestic violence-related charges that preceded the no-contact order.
You could face a gross misdemeanor or class C felony charge for a no-contact order violation, depending on how many previous violations you have and what the most recent one entailed. Immediate arrest is mandatory for violations of a no-contact order, even if the violation was unintentional.
For help with your case from our Tacoma, WA domestic violence defense attorneys, call the Law Offices of Smith & White now at (253) 203-1645.
What Can Happen if I Violate a No-Contact Order in Washington?
Violating a no-contact order typically carries immediate consequences for criminal defendants in Washington, which our lawyers may help mitigate.
Arrest
Violating a no-contact order is illegal in Washington and may result in arrest. Even if a violation was unintentional, an officer can still arrest you without a warrant if they have probable cause to believe the violation occurred. Arrests for no-contact orders are mandatory in Washington.
Additional Charges
Violating a no-contact order can be an additional gross misdemeanor offense in Washington. A gross misdemeanor conviction carries a maximum sentence of 364 days in prison and a fine of up to $5,000.
If the individual has two or more subsequent convictions for violating no-contact orders, or the recent violation allegedly involved assault or reckless endangerment, the charge increases to a class C felony. A conviction for this charge could mean up to five years in jail and $10,000 in fines.
Loss of Bail
No-contact orders are typically issued in domestic violence cases so the defendant does not interact with the alleged victim. Following the no-contact order is part of bail conditions, so violating the order may lead to you losing your bail for the remainder of your trial.
Loss of Gun Ownership Rights
If you are arrested, charged with a class C felony for a no-contact order violation, and are convicted, you may lose your gun ownership rights. Washington prohibits anyone with felony convictions from owning firearms. However, you may be able to petition to restore your firearm rights in the future after completing your sentence and filing a motion with the court.
What Should You Do After Violating a No-Contact Order in Washington?
Don’t argue with police officers arresting you for a no-contact order violation. Instead, invoke your right to remain silent and your right to an attorney.
Remain Silent
While you may want to explain yourself to police officers, especially for an unintentional proximity violation, refrain from doing so. You might accidentally say something that harms you, so do not speak with law enforcement during or after an arrest.
Invoke Your Right to an Attorney
You have the right to an attorney, and can invoke that right after you are arrested and when the police try to place you under “custodial interrogation.” Tell our Washington domestic violence defense attorneys what happened, for example, whether the alleged victim initiated contact or you were totally unaware the alleged victim was nearby.
Give us any evidence that tells the real story about what happened, like text messages, phone calls, or social media messages from the alleged victim.
What Are Common No-Contact Order Violations?
Any contact between the defendant and the alleged victim named in the no-contact order is expressly prohibited. That includes contact in person, over the phone, or online. No-contact orders may stop an individual from interacting with people close to the alleged victim, too, like anyone living in their household. The following are some of the most common no-contact order violations our lawyers help defendants address:
- Electronic communication
- Indirect contact through third parties
- Proximity violations
- Written communication
No-contact orders often have other conditions too, such as attending counseling or a substance abuse program and relinquishing firearms, and defendants must follow these terms as well.
FAQs About No-Contact Orders in Washington
When Are No-Contact Orders Issued?
Judges generally issue no-contact orders at the beginning of criminal cases to prevent defendants from interacting with alleged victims and to prevent them from persuading alleged victims not to testify or from stopping their cooperation with the prosecution altogether. While most common in domestic violence cases, no-contact orders can also be issued during any criminal case where the judge is concerned about the defendant engaging with a witness.
Can You Contest a No-Contact Order?
Our lawyers can contest a no-contact order if you believe certain terms are unfair, though judges often issue these orders almost immediately in most domestic violence cases.
Can a No-Contact Order Stop You from Seeing Your Children?
A no-contact order can stop you from seeing children you share with the alleged victim, which is one of the top reasons defendants often contest these orders and seek to amend them during trials.
Can a No-Contact Order Stop You from Returning to Your Home?
If you share a home with the alleged victim, the no-contact order can also prevent you from returning home while it is in effect.
Can You Be Arrested for Unintentionally Violating a No-Contact Order?
Even unintentional no-contact order violations may result in arrest in Washington, but our lawyers may prevent charges from being filed by providing law enforcement with the context they need.
Can You Be Charged for Each No-Contact Order Violation?
You can be charged for each violation of a no-contact order. Multiple attempts at communication will be charged as multiple counts.
How Long Do No-Contact Orders Stay in Effect?
No-contact orders generally remain in effect throughout a criminal trial. They may extend past the end of a case if the defendant is convicted of domestic violence-related charges.
Call Our Washington Criminal Defense Attorneys Now
Call the Lakewood, WA domestic violence defense attorneys of the Law Offices of Smith & White at (253) 203-1645 for help with your case today.