No-Contact Orders: What Happens if the Alleged Victim Contacts You?

In many situations involving allegations of domestic violence or other criminal offenses in the Seattle area, the prosecutor may ask the court to issue a No Contact Order to protect the alleged victim or a witness. These orders are extremely serious and it is important to follow all the restrictions carefully to avoid severe criminal penalties.

But what happens if the person the order is supposed to protect tries to contact the person who is prohibited from contacting them? When you have a No Contact Order against you, are you allowed to communicate as long as you’re not the one who initiates contact? The short answer is an emphatic “no.”

At Burke Brown Attorneys, PLLC, we have been successfully defending individuals accused of domestic violence and other offenses for over three decades, so we have seen this scenario repeatedly and in situations where the defendant does not follow the advice of an experienced defense lawyer, it often ends very badly. Here’s what you need to understand about communication when a No Contact Order is in place in Seattle.

Types of No-Contact Orders

The state of Washington has provisions for establishing many different types of orders that restrict contact between individuals. As noted above, criminal courts issue orders when they believe the action may be necessary to protect someone during an ongoing criminal proceeding. Civil courts also issue many types of protection and restraining orders in response to requests from someone who feels they are at risk. Orders can be tailored to the particular situation and may contain very specific restrictions or prohibitions that are quite broad. If you receive notification that you are subject to any type of protection order or No Contact Order, it is important to understand exactly what is allowed and what is not.

In addition to prohibiting direct contact, such as calling or texting the alleged victim, the order may also prohibit contract through a third party or other indirect means. You can violate a No-Contact Order by telling someone to give a message to the alleged victim or by posting something on social media. You can also violate a No-Contact Order by coming too close to their car or workplace. It becomes vitally important to evaluate every step you take to ensure that you are not doing something that could violate the order.

Consequences of Violating a No-Contact Order

If you are a defendant accused of domestic violence or another type of offense, you face very serious negative consequences if you violate the No-Contact Order in any way. Even if the alleged victim is the one to contact you, such as by sending an email or text message, if you respond, you will be the one who suffers punishment as outlined in RCW 7.105.450.

And that punishment may be extremely harsh. At a minimum, violation of a No Contact Order is classified as a gross misdemeanor with penalties that can include as much as 364 days in jail and a fine of up to $5,000. If a violation of a No-Contact Order involves an assault or you have two or more previous convictions for violating some type of protective order, then the offense can be treated as a class C felony. Penalties then increase to a maximum sentence of five years in state prison or a fine of up to $10,000 or both.

Contact Initiated by the Protected Party: The Defendant’s Obligation

The court can issue a No-Contact Order in a criminal case even if the alleged victim doesn’t want any type of protective order. The alleged victim can’t violate the order because it is not issued against them—it is issued against the defendant in the case. The person who is supposed to be protected by the order may face no consequences whatsoever for violating it. However, the defendant can be penalized for responding.

Remember that the alleged victim’s preferences are irrelevant when it comes to No-Contact Orders. If the court orders you to avoid contact, then you need to follow that direction until the court modifies or lifts the order.

Modifications and Exceptions

To protect yourself when a No-Contact Order has been issued against you, it is safest to assume that there are no exceptions to the communication restrictions and to take steps through the legal system to have the order modified or removed before responding to communication attempts from the protected party. Your attorney can ask the court to change or lift the order, but you will need to present legally valid reasons to persuade the court that the cause of justice is served by making the change.  

It is not okay to just reach an agreement with the alleged victim, even if that agreement is in writing. A No Contact Order is a legally binding court order and only the court can change it. You will need to petition the court and include proper documentation for your request. The court may decide to hold a hearing to determine whether the order should be modified, and both sides will have the chance to argue why the order should or should not be modified.

Protecting Your Future: Contact Burke Brown Attorneys Today

All protection orders and No Contact Orders must be handled with great attention and care, particularly those that prohibit all contact between two people because these orders are the easiest to violate. So many types of contact are prohibited that it can be easy to make a mistake and violate the order, leading to the potential for criminal penalties. If you are under a No Contact Order and the protected person contacts you, do not respond but instead contact your attorney for advice.

A mistake can be extremely costly, and it is easy to make a mistake without realizing it. Guidance from an experienced defense attorney can help you stay in compliance with the order, and a knowledgeable attorney can also work to get the order modified or lifted.

At Burke Brown Attorneys, PLLC, we are hyper-aware of the dangers defendants face when they are subject to a No Contact Order, and we know how to protect you in this precarious situation. Our extensive experience with all the courts in the Seattle area enables us to help clients take advantage of the best opportunities available for relief in a particular situation. We urge you to contact us for a free consultation to learn more about the ways we can protect you when a No Contact Order has been issued against you. To schedule your free consultation, call us at 206-933-2414, contact us through our website, or email us at team@burkebrown.com.