What You Need to Know About No Contact Orders in Tacoma, WA Domestic Violence Cases

If you’ve been arrested for domestic violence in Tacoma or Pierce County, a no contact order is likely one of the first things the court imposes—sometimes even before charges are filed. These orders are meant to protect alleged victims, but they can have serious consequences for the accused, especially if you share a home, workplace, or a child with the protected party.

At Smith & White, PLLC, we’ve helped hundreds of clients understand and respond to these orders, particularly when they interfere with parenting, housing, or everyday life. This article explains how no contact orders work in Washington, how prosecutors prove violations, and how defense attorneys can challenge the process—including when alcohol or unclear communication is involved.

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 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.

Case Background (Composite Illustration)

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.

What Counts as a Willful Violation?

In Washington, violating a no contact order must be “willful” to result in a criminal charge. But what exactly does that mean?

According to Washington courts, willfulness includes acting “knowingly”—you do not need to act maliciously or with intent to harm.

Hypothetical Case: Unintentional Contact Leads to Arrest

Imagine a man under a no contact order runs into the protected person at a funeral home. The two sit near each other outside, and a third party calls the police. When officers arrive, they note that the defendant is not making direct contact but is within prohibited distance.

The defendant is charged with a felony violation. He argues that the meeting was unplanned and not willful.

The court rules:

The defendant knew the order’s terms.
He signed the order and had prior violations.
Sitting nearby and not leaving showed conscious disregard.

The jury convicts. On appeal, the court affirms, stating that the charging document correctly used “knowingly,” which satisfied the legal definition of “willful” in this context.

Can Voluntary Intoxication Be a Defense?

In most cases, no. While intoxication can affect mental state, Washington courts rarely allow voluntary intoxication as a defense unless it clearly interfered with the specific intent required for a crime.

Case Example: No Defense for Drunken Violation

In another Washington case, a man with a history of alcohol-related violence was under a no contact order. He moved onto his father’s property, where the protected person also lived. One night, while drunk, he entered her home, demanded she leave, and threatened her.

Police arrested him for violating the order and for residential burglary.

On appeal, he argued that his lawyer failed to pursue a voluntary intoxication defense.

The court disagreed, noting that:

The crimes required specific mental states (intent, knowledge).
While he had been drinking, he provided no evidence that the alcohol impaired his ability to form intent.
His behavior showed deliberate action, not confusion or incapacity.

The court upheld the conviction and ruled that his attorney had not been ineffective.

What If the Victim Initiated Contact?

It doesn’t matter. In Washington, no contact orders are court orders—not mutual agreements. Even if the protected person calls, texts, or invites the defendant to meet, the defendant can still be charged for responding or appearing.

In fact, prosecutors often pursue charges in cases where:

The victim initiated the contact.
The interaction appeared consensual.
The order was not formally modified by the court.

If you’re in this situation, do not engage. Contact your attorney instead. We can file a motion to modify the order, or help you respond safely and legally.

How We Can Help: Strategy and Advocacy

At Smith & White, our Tacoma domestic violence defense attorneys regularly handle cases involving:

First-time no contact order violations.
Felony violations with domestic violence aggravators.
Alleged co-parenting interference.
Claims of unintentional or unavoidable contact.
Violations tied to alcohol or drug use.

We analyze every detail:

Was the contact truly willful?
Did the officer misunderstand the scene?
Was the order clearly communicated and signed?
Was the contact part of parenting or a misunderstanding?

We also work to reduce or lift no contact orders where appropriate—especially when children are involved or when long-term terms are disproportionate.

Facing a No Contact Order in Tacoma, WA? Let’s Talk.

If you’re charged with violating a no contact order in a domestic violence case—or if you’re trying to modify an order that affects your parenting—you don’t have to navigate this alone. The penalties are serious, but you have legal options.

Facing domestic violence allegations or no contact order violations in Tacoma, WA? Reach out to our Tacoma office today for a free consultation.