Domestic Violence in Washington – How Important is the No Contact Order?
As you are discovering, domestic violence in Washington is taken very seriously, and there are many potential consequences. Along with potential jail time and fines, you’re also probably concerned about the no contact order (NCO) that may have been placed on you.
Violating a no contact order is a second criminal offense. Violating an order can also lead to immediate arrest and jail time, and it might affect your ability to get released on bail if you have shown yourself to be a safety risk. No contact orders are incredibly important to follow, and that means understanding what your rights are under these orders.
Get help today by calling our Tacoma, WA domestic violence defense lawyers at the Law Offices of Smith & White at (253) 203-1645.
Can You Contact an Alleged Victim During a Domestic Violence Case?
If you were charged with a domestic violence offense, you typically cannot contact the victim for three reasons:
No Contact Orders
If there is a restraining order in place that says you cannot contact the victim, then you have to follow that order. Violations are a separate offense and can lead to additional repercussions.
Bail Conditions
If you are charged with a crime and released on bail, the conditions of your release usually tell you not to contact the alleged victim or witnesses. Doing so might violate your bail and send you to jail to await trial there.
Victim/Witness Intimidation
If you contact the alleged victim or witnesses in your case, it could be seen as witness tampering or intimidation. If the alleged victim comes forward and says you contacted them, and they felt intimidated by that, it could lead to additional charges.
It can be difficult to prove one way or the other whether your contact was actually threatening, but additional charges are the last thing you need when facing domestic violence charges.
What Are the Consequences for Violating a No Contact Order?
Violations usually have two major consequences:
Additional Charges
Violating a no contact order means charges for the secondary crime of violating a no contact order. This can sometimes even be classified as a felony.
While police and prosecutors might skip charges in some accidental or minor violations, there is no guarantee that you will not face additional charges, re-arrest, and additional bail requirements.
Looks Bad to the Judge and Prosecution
Plus, it does not look good on your case. It does not necessarily guarantee a bad result, but it does make the job of your defense more difficult, and an unfavorable result is more likely.
Judges and prosecutors both look at your cooperation with the legal process as factors in recommending and handing down potential sentences, as well as in questions of pre-trial release on bail and whether something like probation is possible in place of jail time.
Understanding Your No Contact Order
Please make sure you understand the limitations of the NCO and follow them. If there is an emergency that makes it necessary for you to contact the alleged victim, call your defense attorney.
Your Washington domestic violence lawyers will be able to contact the prosecuting attorney and act as an intermediary for any necessary communications with the alleged victim. It may make things complicated now, but better a minor complication now than horrendous consequences that last much longer.
What If the Alleged Victim Doesn’t Want a No Contact Order?
The alleged victim is not always in favor of the no contact order, but this might not matter to the judge.
Why Would They Be Against an NCO?
You may live together, raise children, or even run a business together. In any of these situations, an NCO would complicate matters for both of you. Perhaps there is not even any history of violence between you two, and the police responded to a one-time argument that unfortunately went too far.
So, yes, it has happened that the alleged victim doesn’t want the NCO either.
Who Decides NCOs?
Remember that it is not the victim who is prosecuting you. It is the state. Although the victim will be listened to and has a voice in the court, NCOs are still standard operating procedure until the case is resolved.
It is the judge, and not the alleged victim, who is ordering you not to contact this person.
What if the Alleged Victim Contacts You?
It is no defense that the alleged victim allowed or even initiated the contact.
Orders Go One Direction
The NCO stops you from contacting the victim, but it doesn’t go the other way.
They may be allowed to contact you, text you, leave you a voicemail, etc. However, if you respond, you will be found in violation of the NCO.
Unfair Weaponization of NCOs
In fact, some people who know this fact have tried to use the NCO as a weapon. The alleged victim sometimes contacts the defendant and then calls the police when the defendant responds.
How to Respond if You Are Contacted
Always protect yourself. If you are contacted, do not respond.
If the person you are not supposed to contact does contact you, save the message, voicemail, or call log, and keep track of their contacts. Then talk to your lawyer about this.
We may be able to use their repeated contact as evidence in your case, use it as evidence to get the NCO lifted, or provide it to the authorities as proof that they should also be charged with harassment or other offenses.
How Do You Get Your Belongings if You Can’t Go Home Under a No Contact Order?
One of the biggest practical issues of an NCO occurs when you live with the alleged victim, and you can no longer call them or return to your shared home as part of the order. So what do you do?
Can You Send a Friend/Family Member?
Sending someone else might still be construed as an NCO violation.
You are prohibited from having contact, which includes contact through a third party. As such, sending someone else to contact the alleged victim for you is not advisable.
Civil Standy Orders
Discuss with your defense attorney the possibility of a “civil standby order.” These allow you to go to your residence with a police escort to pick up your belongings.
These orders are typically limited to 15-20 minutes, so you will want to be prepared with a list of necessities and locations so you can be quick. If permitted, a friend or loved one may be able to help you carry out the pickup in a timely fashion.
Can the Victim Be Present When I Collect My Things?
The alleged victim is allowed to be present, and any disagreements of ownership will typically be decided in favor of the person who is still at the residence. In any case, the police are usually there to monitor and keep the peace, not to act as judges or arbitrators between the parties.
NCOs vs. Protection Orders
An NCO – technically a domestic violence no contact order (DVCO) – is different from a domestic violence protective order (DVPO).
Who Requests?
Both orders can be requested by the victim, but the NCO is usually requested by the prosecution or the judge puts it in place as a matter of practice.
Are Charges Required?
Protection orders do not require charges. A cohabitant (domestic partner, romantic partner, or parent of shared children) can request one from the court based on allegations, even if no charges are filed. NCOs are only issued as part of a criminal case.
Duration
Protection orders usually last 14 days before the defendant/respondent gets a chance to go to court and defend against the order.
NCOs last for 72 hours after the arrest if no charges are issued. If charges are issued, they last until the conviction or until the charges are dropped/dismissed.
FAQs on No Contact Orders in Washington
What is a No Contact Order?
A no contact order is a court order that prevents a domestic violence defendant from calling, texting, or otherwise contacting the alleged domestic violence victim. It is primarily there to prevent further harassment or disputes.
What Contact is Covered By an NCO?
NCOs cover all kinds of contact:
- In-person contact
- Calls
- Text
- Emails
NCOs do not just cover harassment or threats. Even contact that would otherwise be legal, like saying hello and asking how they are doing, is not allowed.
How Do We Communicate About Shared Children?
NCOs and other domestic violence restraining orders can also make decisions about temporary custody and visitation rights. Typically, contact with shared children is also barred while your charges are pending, unless some arrangements can be included in the order about pickup and drop-off through a third party.
Is it a Separate Crime to Violate an NCO?
Some states treat a violation of an order as a civil issue. In Washington, violating an NCO is a second crime that results in additional charges and potential fines/jail time.
How Do I Know What I Can and Can’t Do?
You should always have a lawyer representing you when facing domestic violence charges. Your attorney can go over the terms of the NCO with you and help you understand what is squarely allowed, what is squarely barred, and what issues you should ask your Washington domestic violence defense lawyer for help with.
Can the Victim Contact Me?
NCOs only go one direction: you are not allowed to contact the alleged victim, but they are allowed to contact you.
Do not respond. Do, however, keep a record of their communications, and call your lawyer for help.
Can I Get an NCO Revoked?
NCOs are standard procedure during domestic violence cases and usually will not be lifted until the charges are resolved.
Unlike other domestic violence orders, such as a domestic violence protection order, an NCO does not expire as long as the case is still pending. If the charges are dropped, however, the order should end immediately.
Call Our Washington Domestic Violence Lawyers Today
Call the Law Offices of Smith & White’s Washington domestic violence lawyers at (253) 203-1645 to discuss your case.