Evidence Needed for a Violation of a No-Contact Order in Washington

In many cases in which a person is convicted of a domestic violence crime, the court will issue a no-contact order, prohibiting the person from contacting his or her victim. The failure to comply with a no-contact order constitutes a crime. Additionally, a person that repeatedly violates no-contact orders could face felony charges.

In other words, all reasonable inferences from the evidence have to be interpreted in favor of the State and construed against the defendant. Thus, if a defendant argues that the State’s evidence is insufficient, it constitutes an admission of the truth of the State’s evidence and the inferences that can reasonably be extracted from them.

The State must prove that an individual charged with felony violation of a domestic violence no-contact order was both aware of the order and willfully violated its terms in order to obtain a conviction

Sufficient Complaint of No Contact Order Violation Even if the Victim is Not Named

In a 2021 Washington ruling, the court discussed the sufficiency of no-contact orders, clarifying that the name of the protected person is not a required element. If you are charged with a domestic violence offense, it is smart to consult a Tacoma domestic violence defense lawyer regarding your rights.

It is alleged that in 2021, a court issued a no-contact order against the defendant, prohibiting him from contacting his estranged wife, the victim. This order was a result of the defendant’s attempt to break into the victim’s home while she and their children were present. During this incident, the defendant broke through a door and attempted to break into a room, threatening to kill the victim. Despite the no-contact order, the defendant allegedly made nine attempts to contact the victim, either in person or by phone, and on one occasion, he broke into her home again.

Reportedly, the State charged the defendant with multiple offenses, including one count of harassment, seven counts of violating a no-contact order, and three counts of residential burglary, all with intimate partner allegations. The defendant did not contest the charging information. The case went to trial, and the jury convicted the defendant on all charges except for two counts and sentenced him to over 60 months in prison. The defendant then challenged the judgment and sentence.

Sufficiency of No Contact Orders

The court reviewed the defendant’s claims, beginning with his argument that the amended information was constitutionally deficient because it did not name the person protected by the no-contact order. The court disagreed, holding that the information was sufficient as it included all essential elements of the offense: willful contact, a valid no-contact order, and the defendant’s awareness of the order. The court noted that the name of the protected person was not a required element.

Next, the court addressed the defendant’s contention that the trial court erred in calculating his offender score by including his misdemeanor convictions for harassment and no contact order violations. The court explained that under state law, prior convictions for repetitive domestic violence offenses count toward the offender score for a current felony domestic violence offense. The defendant’s residential burglary conviction, being a felony domestic violence offense, allowed the inclusion of his misdemeanor convictions in his offender score. As such, the court affirmed the trial court’s calculation of the offender score.

Finally, the court reviewed the defendant’s pro se statement of additional grounds for review, which included numerous contentions about trial delays and counsel’s performance. The court found these issues insufficiently analyzed to merit consideration and noted that resolving poorly argued issues on direct review could preclude further review in a personal restraint petition. Consequently, the court declined to address these additional grounds.

Example 1: Proving the Defendant Knew About the Order and Intended to Violate it

In a recent Washington ruling. If you are charged with a crime of domestic violence, it is prudent to speak to a Washington domestic violence defense attorney regarding your rights.

It is reported that the defendant and the victim had an on-again-off-again romantic relationship since 2009. At some point, a domestic violence no-contact order was issued barring the defendant from contacting the victim. In March 2015, the defendant was found guilty of violating the order, and the court entered a second order that prohibited him from contacting the victim for five years.

Allegedly, in November 2018, the defendant asked the victim to meet him. They were subsequently caught by the police in a car parked behind a store. The woman initially provided the police with a fake name but eventually revealed her identity. The defendant gave the police his proper name. He was subsequently charged with and convicted of a felony violation of a domestic violence no-contact order. He appealed, arguing the State had insufficient evidence that he was aware of the order.

Proving an Intentional Violation of a Domestic Violence No-Contact Order

On appeal, the court affirmed the defendant’s conviction. The court explained that evidence will be deemed sufficient to support a verdict if a rational factfinder could find, beyond a reasonable doubt, that the elements of the crime were present when viewing the evidence in a light most favorable to the prosecution.

In assessing the adequacy of evidence, a court will assume the evidence offered by the State to be true and draw all reasonable inferences from that evidence. Direct and circumstantial evidence is granted equal weight, and the appellate court will defer to the factfinder’s resolution of conflicting testimony.

In Washington, a person will be deemed to act knowingly if the person is aware of facts, results, or circumstances. The court explained that a jury is permitted to find that a person acted knowingly if the person has information that would lead a reasonable person in the same situation to believe certain facts exist. In the subject case, the court found that there was ample evidence demonstrating that the defendant was aware of the March 2015 no-contact order. Thus, the verdict was affirmed.

Example 2: The State Proving Defendant Previously Violated the Order

Recently, a Washington court set forth a ruling in which it discussed what constitutes adequate evidence of repeated violations of no contact orders, in a case in which the defendant appealed his felony conviction.

It is alleged that a no-contact order was in place that prohibited the defendant from contacting or being within 500 feet of his parents. The defendant’s father called the police to report that the defendant was in his shed. When the police arrived, they affirmed that the no-contact order was in place and found the defendant in the shed as his father described. He was arrested and charged with violating the no-contact order. As it was the defendant’s third violation of a no-contact order, it was charged as a felony. The defendant was convicted, after which he appealed, arguing the State failed to produce sufficient evidence of prior violations. On appeal, the court affirmed his conviction.

Evidence of Violations of a No-Contact Order

In order to prove that the defendant’s violation of the no-contact order constituted a felony, the State was required to prove, beyond a reasonable doubt, that the defendant committed violations of no-contact orders on two prior occasions. To determine whether evidence is sufficient, an appellate court must examine whether a rational factfinder would determine that the defendant was guilty beyond a reasonable doubt when viewing the evidence in a light most favorable to the State.

In this case, the State introduced the charging document and court orders in his prior matters, which confirmed his name, residence, and prior convictions, and included the defendant’s signature. In the subject case, the court found that the evidence presented by the State sufficiently proved that the defendant committed prior violations.

Speak to an Experienced Washington Defense Attorney

A violation of a domestic violence no-contact order can have serious consequences, including felony convictions in some cases. If you are accused of a domestic violence crime, it is in your best interest to speak to a lawyer regarding your rights. The experienced criminal defense attorneys of The Law Offices of Smith & White can apprise you of your options for fighting to protect your interests. You can contact us at (253) 203-1645 or via the form online to schedule a meeting.