No Contact Orders
A No Contact Order will likely be issued by a judge after an arrest for domestic violence in Washington State. However, a No Contact Order can be issued in any case that has a victim.
If you are accused of an order violation, it is very important that you invoke your right to remain silent and immediately contact a lawyer who is experienced with No Contact Order violations and Domestic Violence.How Long is a No Contact Order in Place?
A domestic violence order prohibiting contact is normally in place until the domestic violence case is resolved and often times remains in place after there is a resolution in the case. However, your criminal defense attorney may be able to make special arrangements with the court to allow full, supervised, or third-party contact with the alleged victim.
Even though the alleged victim has no say in the issuance of the order, their opinion and request can sometimes have weight when the court is considering lifting or removing the order. Other factors, such as a lack of substantial criminal history or a favorable evaluation by a WA State certified treatment agency can influence the court’s decision to modify or remove the order that is prohibiting contact.
An experienced attorney might also guide an accused person to attend a specific class or take part in an evaluation. This is an example of the type of information that the court would like to see when considering the removal of the order.
However, you should consult with a lawyer before taking any evaluations or classes. If you are in King County or Pierce County, it is a good idea to speak with an attorney who has knowledge of those specific jurisdictions.Causes of Violations & Accidental Violations
DV orders are frequently violated through electronic communication, such as a phone call, text, email, or social media message. Each communication can be treated as a separate violation and separate criminal charge.
An alleged "breaking" of the order can also occur if you are accused of coming within too many feet of a specified location or initiating physical contact. This can become very problematic if you live at the same location, have children together, or work together. Even your children can be listed as protected under the terms of the No Contact Order.
Sometimes, contact with the protected person is the result of an accident or honest mistake. In these situations, the police will tend to error on the side of caution and make an arrest when they shouldn’t. If the police question you for any reason, always exercise your right to remain silent and contact a criminal lawyer.What if the Victim Contacts Me?
Unfortunately, it does not matter who initiated or invited the contact. The alleged victim is not restricted from initiating contact with the defendant. If you reply to their electronic communication or do not immediately leave their physical proximity, this is considered a “willful” violation of the order.
It is understandably difficult to comprehend how someone can be arrested when the alleged victim started the contact. An “invited contact” defense is regrettably not recognized in Washington State. However, a skilled lawyer can still utilize this fact pattern to aggressively negotiate a positive outcome or even an outright dismissal.Misdemeanor No Contact Order Penalties
A person charged with a No Contact Order violation in Washington State is exposed to a gross misdemeanor. A conviction can carry a maximum penalty of 364 days in jail, loss of gun rights, and a $5000 fine. The court may also require electronic monitoring, with the cost of the device and service paid for by the defendant.Felony No Contact Order Penalties
If a person has two prior convictions for breaking a No Contact Order or Civil Protection Order, they will be charged with a Class C felony. An order violation that results in an assault will also be charged as a felony. A felony No Contact Order violation in WA State carries a maximum sentence of 5 years in prison and up to a $10,000 fine.Defending Violations of No Contact Orders
In many cases where an order was allegedly broken, it can become the word of the accused against the word of the police. These charges do not require a victim to testify or even cooperate with law enforcement. The State's case often times revolves around the police officer testifying that an order existed and that in their opinion, it was violated.
A strong attorney will stand up to the police and poke holes in their evidence and testimony. Even if there was an admission of guilt, a good attorney can use negotiations to highlight mitigating circumstances, such as invited contact, a lack of significant criminal history or a favorable evaluation by a certified treatment agency in WA State.
Beckwith Law aggressively fights for clients accused of violating No Contact Orders and Domestic Violence. On every case, we will do an independent investigation to uncover issues with the evidence, find witness inconsistencies, and challenge the testimony of law enforcement.Getting the Best Possible Outcome
The great majority of cases that we defend result in a case dismissal or significantly reduced consequences. Beckwith Law has a proven track record for defending clients in King County, Pierce County, Kitsap County and Thurston County courts that include Tacoma, Seattle, Bellevue, Kent, Puyallup, Federal Way, Olympia and Lakewood, Washington.
Beckwith Law has office locations in Seattle and Tacoma. We can be called any day of the week (including after-hours) for a free consultation.