Violating No Contact Orders

VIOLATING NO-CONTACT ORDERS

One of the most unjust and abused "offshoots" of Domestic Violence laws is the rampant and often thoughtless issuance of No Contact Orders by courts all across Washington. In any alleged DV offense, felony or misdemeanor, an accused person will be issued one of these orders, referred to as a NCO, at their Arraignment Hearing. The NCO will terminate automatically IF a person is found not guilty at trial or the charge is dismissed.

However, if a person is found guilty of a Domestic Violence offense or enters a plea to such an offense, the NCO will continue as a condition of probation for at least:

1. one year for misdemeanors;
2. five years for a Class "C" felony;
3. ten years for a Class "B" felony;
4. UP TO LIFE for a Class "A" felony.

Once you have been issued and served with a No-Contact Order, you may not:

1. Have any direct contact with the alleged "victim" by being in their presence.
2. Have any indirect contact with the alleged victim over the telephone, through the U.S. mail, or via email;
3. Have any contact with the alleged victim by sending messages through relatives, friends, or others.
4. Come within a specific distance---anywhere from 100 feet to 1000 yards--of the alleged victim and/or his or her home or workplace.

The real problem with these orders is that you have violated them even if the alleged "victim" invites you to have contact or initiates the contact!!

And what is even MORE IDIOTIC is that this "victim" can't be charged with a crime for luring a person into violating a NCO!! Most written No Contact Orders specifically states that "You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions".

But wait, it gets worse.

Several years back, the legislature decided that too many people were ignoring Domestic Violence No Contact Orders. Initially, violating a NCO was considered a probation violation and might result in the imposition of 30 days of suspended jail time. But short stints in jail were not deterring people--husbands and wives, close relatives, young lovers, etc.--from ignoring these NCO's.

So the legislature upped the penalty; the mere act of Violating DV No Contact Orders became a crime unto itself, a gross misdemeanor, punishable by up to a year in jail and a $5000 fine. And guess what? If you are found guilty of Violating a DV No Contact Order, the Court will issue yet ANOTHER DV No Contact Order as a condition of having been convicted of Violating a No Contact Order.

So, as a result we now see DV No Contact Orders multiplying like rabbits, issued by different Courts, with different prohibitions and different expiration dates.

Recently, I represented a client who was issued a NCO because she had a fight with her boyfriend and the police decided she was the "aggressor". She pled guilty to DV Assault Fourth Degree, received a suspended sentence (no jail time) and was issued a NCO even though her boyfriend begged the Court not to.

A few days go bye, they ignore the order, reconcile, and move back in together. They have another argument, a neighbor calls "911", the police arrive. The police computer shows there is a NCO against the woman, so even though no assault or other crime has occurred, the woman is arrested and charged with the crime of Violation of a Domestic Violence No Contact Order.

She pleads guilty, since she was caught red handed in her boyfriend's house in violation of the Order. She is then issued yet another NCO for having been convicted of this latest crime of Violation of a DV No Contact Order!!

Keep the Criminal Justice System from ruining YOUR family and your life in the name of "Domestic Tranquility"!! Being charged with ANY Domestic Violence offense is serious business. A conviction could destroy your family , your job, and your happiness.

Call (877) 242-4808 today, before it's too late!