It is not uncommon for the Washington courts to issue no contact orders in domestic violence cases. When a person subject to a no contact order shares a child with the individual they are prohibited from contacting, it can make it difficult for the person to exercise their right to parent. As discussed in a recent Washington assault case, though, a person must show that a no contact order substantially interferes with their parental rights, not that it merely makes it inconvenient to parent, in order to obtain a modification. If you are charged with a domestic violence offense, it is advisable to talk to a Tacoma domestic violence attorney about your options.
History of the Case
Reportedly, the defendant was in a dating relationship with the victim, with whom he shared a child. On October 21, 2020, the defendant threatened the victim to obtain her car keys and was later involved in a car accident while driving her car, exhibiting signs of intoxication. He was arrested, and the State charged him with second-degree robbery with a domestic violence aggravator and misdemeanor DUI. Subsequently, on November 13, 2020, the State imposed a no-contact order protecting the victim. On June 14, 2021, the victim allowed the defendant to visit for their child’s birthday, during which he assaulted her and damaged her cell phone. The State amended the charges on October 3, 2022, to include a felony violation of the no contact order with a domestic violence aggravator.
Allegedly, the defendant pled guilty to the charges under a plea agreement. During sentencing, the State highlighted the defendant’s violent history and sought a high-range sentence and a continued no contact order. The defendant’s counsel argued for leniency, citing his substance abuse and emotional struggles, and requested a reduced no contact order to facilitate his relationship with his child. Ultimately, the court imposed a mid-range sentence of 73.5 months and a five-year no contact order prohibiting any contact with the victim. The defendant then moved to challenge the no contact order.
No Contact Orders in Domestic Violence Cases
The court reviewed the case for abuse of discretion, particularly focusing on the no contact order’s impact on the defendant’s fundamental right to parent his child. The court noted the trial court’s broad authority to impose crime-related prohibitions, including no contact orders, for the maximum sentence term.
However, it also recognized the defendant’s constitutional right to parent. The court emphasized that conditions interfering with fundamental rights must be reasonably necessary to meet the State’s essential needs. The defendant argued that the no contact order unjustifiably restricted his ability to coordinate with the victim for child visitation.
The court distinguished this case from similar cases by noting that the no contact order allowed third-party contact for legal matters, and there was no indication the defendant sought a parenting plan. The court found that the logistical inconvenience did not justify modifying the no contact order.
Ultimately, the court concluded that the trial court had carefully considered the defendant’s and the victim’s concerns and found no abuse of discretion in the imposed no contact order, which aimed to protect the victim while minimally interfering with the defendant’s parental rights. As such, it affirmed the no contact order.
Meet with a Trusted Tacoma Attorney
If you are charged with a crime of domestic violence, it is smart to meet with a lawyer to determine your potential defenses. The trusted Tacoma domestic violence defense attorneys at The Law Offices of Smith & White understand what it takes to prevail in criminal matters, and if you engage our services, we will diligently pursue the best legal outcome possible in your case. You can reach us through our form online or by calling us at 253-203-1645 to set up a conference.