Domestic violence no-contact orders are required to provide sufficient information to give notice to the party prohibited from contact of the terms of the prohibition. No-contact orders are not required to be exact, however, and a defendant can be convicted of violating an order even if some of the information is inaccurate.
For example, in State of Washington v. Michael Dwayne Harris, the Court of Appeals of the State of Washington upheld a conviction for violation of a no-contact order where the victim’s race was improperly identified, finding the order nonetheless provided sufficient notice to the defendant regarding who he was prohibited from contacting. If you are charged with a violation of a no-contact order, you should seek the assistance of an experienced Washington domestic violence defense attorney to assess what evidence the state may use against you.
Alleged Violation of the No-Contact Order
Allegedly, the defendant was prohibited from contacting a woman identified as his intimate partner via a domestic violence no-contact order (the Order). The Order also set forth the date of the woman’s birth and identified her as African-American. Four years after the order was issued, the defendant’s wife called the police to report the defendant assaulted her. The defendant was arrested, after which he admitted to being at his wife’s home but stated that she assaulted him. He also admitted there was a no-contact order that barred him from contacting his wife but he believed it had expired. The police then confirmed that the birthdate of the party protected by the Order was the same as the defendant’s wife’s birthdate. The defendant was charged with violating the Order.