In Washington, if a person is restricted by a domestic violence no-contact order, the person must strictly abide by the terms of the order, or he or she may face significant penalties. This was demonstrated in a recent Washington appellate court case in which the court found that the State produced sufficient evidence that the defendant committed a felony violation of a no-contact order, even though the person protected by the order consented to the contact. If you live in Washington and are charged with violating a domestic violence no-contact order it is imperative to meet with a seasoned Washington domestic violence defense attorney to evaluate what defenses you can set forth to protect your rights.
Factual Background of the Case
Reportedly, the defendant was subject to two separate domestic violence no-contact orders, preventing him from contacting the alleged victim. The orders were issued in February and July 2016. The defendant acknowledged receipt of the first order via signature but refused to sign for the second order. He was served the second order, however. Each order contained language stating that the defendant could be arrested even if the victim protected by the order permitted or invited the defendant to violate the terms of the order. The orders further explained that it was the defendant’s sole responsibility to refrain from violating the orders.
It is alleged that on August 2017, a police officer observed the defendant and the victim together. The officer recognized the defendant from a prior violation and approached the pair. The defendant gave his real name, but both the defendant and the victim gave the police a fake name for the victim. The defendant was subsequently charged with felony violation of both no-contact orders. The defendant was convicted by a jury, after which he appealed, arguing that the evidence was insufficient to support his conviction.