Tacoma Attorneys for Violation of a No Contact Order

It is not uncommon for the Washington courts to issue no-contact orders, preventing people from interacting with their victims. If a person subject to a no-contact order subsequently violates its terms, they may be charged with a crime.  They can also have their bail increased on any pending matters or be given jail time on any probationary cases.

Under Washington law, if a person violates the terms of a no-contact order by assaulting the protected person, he or she can be convicted of a felony. Further, a person subject to a no-contact order cannot violate the terms of the order, regardless of the reason for doing so.

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.

What is a No Contact Order in Washington?

A domestic violence no contact order prohibits an accused individual from contacting, communicating with, or approaching the alleged victim. This can include:

• Coming within a certain number of feet of their home, workplace, school, or person.

• Making contact by phone, email, social media, or through third parties.

• Being physically present—even if invited—at shared locations.

No contact orders are typically issued at the time of arraignment and can remain in effect throughout the duration of a case or even for years afterward as part of sentencing.

Violating the terms—even unintentionally—can result in a new criminal charge, often a felony if there are prior violations or if the order was issued after a felony conviction.

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 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.

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 You?

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 You 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.

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.

Communication Regarding 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.

Can You Modify a No Contact Order to See Your Child?

In some cases, yes—but courts are cautious. The Washington Court of Appeals recently reviewed a case where a father sought to modify a no contact order that prevented him from contacting his child’s mother.

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.

Example 1: Proving the Defendant Had Knowledge of a No-Contact Order and Intended to Violate it

As discussed in a recent Washington opinion, though, the State must prove the defendant had knowledge of a no-contact order and intended to violate the order in order to obtain a conviction. If you are accused of violating the terms of a no-contact order or any other domestic violence offense, it is wise to speak to a Tacoma domestic violence defense attorney to evaluate your options for seeking a favorable outcome.

Factual Background and Procedural Setting

It is alleged that the victim procured a no-contact order prohibiting the defendant from contacting her. Subsequently, the defendant faced charges for violating this order. The victim testified that she heard knocking on her bedroom window and saw the defendant outside, after which she called the police. Additionally, she received text messages from someone identified as “Efrain Sanchez,” expressing hostility towards her.

Reportedly, during the trial, the State emphasized the knowledge requirement for violating a no-contact order, stating that the defendant needed to know he was violating the order but not necessarily know its specific provisions. The jury convicted the defendant as charged, and he was sentenced to 60 months of incarceration, along with an extended no-contact provision. The defendant appealed his conviction.

The Knowledge Requirement for Violating a No-Contact Order

The court reviewed whether the defendant’s conviction was valid, focusing on two key aspects: the knowledge requirement for violating a no-contact order and allegations of prosecutorial misconduct.

Regarding the knowledge requirement, the court clarified that a defendant must know of the non-contact order’s existence and intend to violate it rather than necessarily know its specific provisions. The court cited previous prior cases and statutes in support of this interpretation, emphasizing that the defendant’s awareness of the order’s existence and intent to violate it constitute the knowledge necessary to commit the subject crime.

Regarding the prosecutorial misconduct allegations, however, the court found that the State improperly stated the law, misleading the jury about the burden of proof. Specifically, the prosecutor’s remarks suggested that proving the defendant’s knowledge of the order was sufficient, neglecting to explain the requirement to prove his intent to violate it. The court determined that this misstatement could have influenced the jury’s verdict, violating the defendant’s rights. Consequently, the court reversed the conviction based on prosecutorial misconduct.

Example 2: Affirmative Defense of Property

In State of Washington v. Steven Brian Yelovich, the Supreme Court of the State of Washington reiterated this standard, in holding that a person subject to a no-contact order could not use the affirmative defense of property when charged with a felony violation of the order due to assault. If you are charged with a violation of a no-contact order, it is in your best interest to consult an experienced Washington domestic violence defense attorney to discuss defenses available to the charges you face.

Facts of the Case

The suspect dated his alleged victim for five years. At some point thereafter, victim obtained a court order prohibiting the suspect from contacting her or causing her any physical harm. The suspect was at his son’s house moving boxes from the garage. The suspect’s car was parked in the driveway approximately four feet from the garage. The suspect thought he saw someone near his car. When the suspect checked his car, the passenger window was broken and items including his cell phone had been removed from the car. He then saw the victim walking down the street. The suspect believed the victim broke into his car and allegedly began following her with his car, regardless of the fact he was prohibited from contacting her. Shortly thereafter he exited his vehicle and reportedly assaulted the victim. The suspect was charged with felony violation of a no-contact order due to his alleged assault.

Purportedly, at trial, the suspect requested that the jury receive an instruction on defense of property due to the fact he was protecting his stolen property. The judge declined the suspect ’s request on the ground the suspect was acting offensively, and not defensively, in pursuit of his property. The jury was instructed that to find the suspect guilty of felony violation of a no-contact order they must find, in part, the suspect’s conduct constituted an assault. The jury found the suspect guilty, and he appealed. The Court of Appeals affirmed the trial court ruling, and the suspect appealed to the Supreme Court of the State of Washington.

Ruling of the Supreme Court of The State of Washington

The suspect appealed on the issue of whether he was entitled to a jury instruction on defense of property as a defense to assault. The court declined to rule on the issue and affirmed the trial court ruling on other grounds. The court noted that violation of a no-contact order is generally a misdemeanor unless the party prohibited from contact assaults the person protected under the order. As such, assault is an essential element of a felony violation of a no-contact order. In the subject case, the suspect argued that because the prosecution must prove assault as an element of the charges against him, he was entitled to jury instructions on the affirmative defense of defense of property. The court held that this argument ignored the terms of the underlying no-contact order, which expressly prohibited the suspect from assaulting the victim and provided that a request to change the terms of the order must be made in writing. The court held, therefore, that to allow a jury instruction on the defense of property defense to assault would be akin to modifying the no-contact order. Moreover, the court noted it was the suspect’s sole responsibility to ensure he did not violate the terms of the order and did not have the authority to engage in self-help in violation of the order. As such, the court affirmed the trial court ruling.

Example 3: Interference with Co-Parenting

A Tacoma man was convicted of second-degree robbery and DUI after allegedly threatening his child’s mother and taking her vehicle. After his arrest, a no contact order was issued, and later extended as part of his sentence. The defendant asked the court to reduce the order, arguing it interfered with his ability to co-parent.

The court denied his motion, explaining that:

• The defendant had not pursued a formal parenting plan.

• The order allowed third-party communication for legal coordination.

• The claimed hardship was more logistical than constitutional.

The appellate court agreed, stating that interference with parenting rights must be substantial, not just inconvenient, to warrant modification. It affirmed the five-year no contact order.

Key Takeaway

If you are subject to a no contact order and share a child with the protected party, courts will expect you to:

• Create a formal parenting plan through the family court.

• Use approved third-party communication methods.

• Show that the order creates more than inconvenience.

We can help you file a motion or present arguments to narrow or modify the terms of a no contact order—but the court requires clear evidence.

Our Tacoma Attorneys Can Help if You Were Accused of Violating a No Contact Order

If you were charged with violation of a no-contact order, you should confer with a seasoned domestic violence defense attorney to determine what defenses are available to the charges you face and to ensure you do not waive any rights. The seasoned domestic violence defense attorneys of The Law Offices of Smith and White have the skills and experience needed to assist you in obtaining a favorable result.

Get help today by calling our Tacoma, WA domestic violence defense lawyers at the Law Offices of Smith & White at (253) 203-1645.