Washington Pre-Charge Domestic Violence No-Contact Order

State:
Washington
Control #:
WA-SKU-2297
Format:
Word
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Description

Pre-Charge Domestic Violence No-Contact Order

A Washington Precharge Domestic Violence No-Contact Order is a court-issued order that is typically put in place prior to criminal charges being filed in a domestic violence case. The order is designed to protect victims of domestic violence by prohibiting any contact between the alleged abuser and the victim. It may also include other provisions such as prohibiting the abuser from possessing firearms, entering the victim's home, workplace, or school, or even having contact with the victim's family or friends. There are two types of Washington Precharge Domestic Violence No-Contact Orders: an ex parte order and a full order. An ex parte order is issued without the alleged abuser present and is in effect until a hearing can take place. A full order is issued after a hearing in which both parties are present and may be in effect for up to two years. Both types of orders can be modified or dissolved by a judge at any time.

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FAQ

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.

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court.

Only the judge can modify or remove a No Contact Order. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order.

Washington domestic violence protection orders generally prohibit all contact of any kind (including, but not limited to, phone calls, letters, email, text messages and contact through a third party) and usually restrict your ability to come within a certain distance of the protected person's home, work or school.

You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." (c) A certified copy of the order shall be provided to the victim.

The NCO doesn't work in both directions. Therefore there is nothing unlawful about the victim having contact with the defendant. However, if you respond to the contact, you are in violation of the order.

What Are the Penalties for a Restraining Order Violations in Washington State? A judge usually categorizes a first restraining order violation as a gross misdemeanor, which can result in up to a year of jail time and up to $5,000 in fines.

No Contact Order ? initiated by a judge as part of a criminal case. For example, if there was an arrest for domestic violence assault, the judge will normally issue a No Contact Order to protect the alleged victim. Unlike a civil protection order or restraining order, the victim does not initiate a No Contact Order.

More info

Violating a no contact order is usually seen as a "slap in the face" to the authority of the criminal justice system. Prosecutors in criminal courts request NCOs for domestic violence victims after criminal charges have been brought against their abusers.There are two types of No Contact Orders – (1) Pre-Trial, and (2) Post Conviction. Both prevent a defendant from having contact with an alleged victim. Defendant: A. do not cause, attempt, or threaten to cause bodily injury to, assault, sexually assault, harass, stalk,. A domestic violence restraining order can provide you with protection right away. Establishment; description. If you have been charged with a domesticviolence crime, the judge may have entered a "NoContact Order. " Learn about these laws. A Deputy County Attorney will review the affidavit and determine what charge or charges should be filed if any.

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Washington Pre-Charge Domestic Violence No-Contact Order