No-Contact Orders After a DV Arrest

Concerned man sitting on couch reading official documents, symbolizing stress or confusion about a legal notice or court order. When someone is charged with domestic violence, it is common for a court to issue a no-contact order at the time of the arrest. The court order restricts the defendant from contacting the alleged victim.

Finding out that you are under a no-contact order can be frustrating, especially because these orders are often issued without consulting the accused.

At Tim Rusk Attorneys, we understand the stress that can accompany a criminal charge.

Domestic violence allegations should always be taken seriously, even if you believe that the allegations are untrue or exaggerated. Failing to follow the terms of a no-contact order could result in serious consequences that could jeopardize your future and ability to fight your charges.

If you are court-ordered to refrain from contacting someone, contact our office at 855-846-7875 for a free consultation to discuss your options.

When Is a No-Contact Order Issued After a DV Arrest?

If you were recently arrested for domestic violence, you were subsequently issued an order not to contact the victim. A no-contact order can be issued quickly, often before the first court appearance. Under RCW 10.99.040, a judge can impose this order as a condition of release, even if the alleged victim didn’t request it.

These orders may be issued in the following circumstances:

After release from custody on bail or personal recognizance
At the arraignment, even if the defendant doesn’t appear
As an emergency measure at the request of law enforcement, before charges are filed

No-contact orders can be issued even when a civil protection order already exists. Judges often err on the side of caution when considering whether to issue these orders. They often make their decisions based on concerns about potential repeat violence.

Penalties for Violating a No-Contact Order in Washington

Violating a no-contact order is a criminal offense under state law. Prosecutors and judges take these violations very seriously, even for defendants with no prior criminal history. A willful violation can lead to additional charges, confinement in jail, and fines, on top of the complications a violation can pose for your criminal case.

Law enforcement can arrest you on the spot for any violation of the order. The law places the burden of compliance fully on the defendant. Violating the order can also impact your ability to negotiate plea deals, seek deferred prosecution, or avoid harsher sentencing in your underlying case.

How No-Contact Orders Can Disrupt Your Life

No-contact orders add complications to an already stressful ordeal. Many defendants feel frustrated that the court can issue such a restrictive order without the same due process protections found in other parts of the criminal justice system. You may not have had a chance to present your side or challenge the accusations before losing access to your home, children, or partner.

Loss of Access to Your Home

If you live with the protected person, a no-contact order can force you to leave your residence immediately. This can leave you scrambling for housing and facing challenges regarding how you can access your belongings.

Barriers to Seeing Your Children

No-contact orders often affect couples or spouses who have one or more children together.

Even if the incident didn’t involve your kids, a no-contact order may prevent you from being able to contact your children if they live with the protected person. This restriction could create challenges if you are concurrently going through a custody case or if your spouse or partner seeks restrictions on your parental rights.

Communication and Social Consequences

You may be blocked from calling, texting, or even messaging through social media. Even indirect communication through friends or relatives can violate the order and result in criminal charges.

Your Legal Options for Challenging a No-Contact Order

A no-contact order can be issued quickly without considering your side of the story, but you do have legal options. Your attorney can ask a judge to modify the order to allow you to visit your children or return to work if your job places you in close proximity to the victim.

The courts have the option to modify proximity restrictions or lift the order entirely if the facts show that you are not a danger to the alleged victim. The input of the victim plays an important role in these changes. Ultimately, the most effective means of lifting an order may be through fighting the underlying charges you are facing.

Don’t Delay Fighting Your No-Contact Order

Your rights deserve to be fully protected, and the court must meet a high burden of proof before taking further action against you. If you’re facing a no-contact order or domestic violence charge, we’re here to help.

The sooner you act, the more control you have over what happens next. Call Tim Rusk Attorneys at 855-846-7875 or fill out our online form to schedule your free consultation today.

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Tim helped me out tremendously. He is honest, gives great advice, and is very wise at what he does. I would recommend him to anybody going through any criminal case. It is very easy to communicate with Tim, and he gets straight to the point. I appreciate everything he did for me. I am very pleased with the outcome of my case, and can’t thank him enough.

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Tim Rusk and his assistants have never let me down. Tim has always been considerate of my mental health as well as my lively hood and is a very easy person to talk to and level with. I strongly recommend him to anyone that gets a DUI. His firm has also been very understanding while I transitioned jobs and always let me adjust payments when needed.

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I just wanted to Brag about how awesome my Lawyer Tim Rusk is. I am extremely glad to have decided to pay for a private attorney instead of keeping a public defender. Tim Rusk not only got my NCO amended very quickly but he got 3 charges (an assault 4, NCO violation, and a Theft 3) dismissed. If I ever need legal help again (fingers crossed I won’t) I know who I will be calling. Thank you Tim Rusk for all your hard work and dedication to setting the courts and legal system straight. Again thank you, thank you, thank you so much, you will never know how grateful I am.

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I’m glad that when I googled DUI Defense Attorneys 11 months ago. I picked the right firm, Tim Rusk represented me and I couldn’t have asked for a better Attorney to represent me and to fight for my Constitutional rights the way that he did for me in this matter and with the tenacity and professionalism that he did. My case had special circumstances and was very different as well as very difficult and ended up in trial but the way that Tim Rusk fought for my Constitutional rights gave us the outcome of Acquittal Today with very little time of jury deliberation. Thank You, Tim, for everything you did for me during this difficult period in my life, Five stars are not enough so I hope that you read this because in this message even though you can’t see it is accompanied by the symbol of Liberty and Justice for all mentioned earlier today. Thanks Tim.

My experience with Tim Rusk was wonderful. I was a witness in my boyfriend’s criminal case he was found NOT GUILTY. Tim Rusk did an amazing job. He worked so hard to get justice for himself & did. He made me feel completely comfortable with everything and checked on me every step of the way. I would recommend Tim Rusk Attorneys to anyone that needs legal help. They are not just lawyers they are FAMILY TO ME. Thank you Tim Rusk for everything you’ve done for me & my growing family.

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DUI: dismissed
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Dismissed at filing Knapstad.

Fourth-degree assault: not guilty
Argued self-defense and the jury agreed. Jury was convinced enough to make the state pay my client’s entire legal fee.

Three counts of hate crime plus third-degree assault: not guilty
Client sprayed an Hispanic individual with bear spray for being a jerk to her.

DUI: not guilty
Client was pulled over for “driving while Mexican” (I literally argued this to the jury). The jury agreed this case was being viewed by the state through a lens of prejudice and found my client not guilty.

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Young man was facing several years of prison for protecting himself with a legally concealed hand gun. We argued self-defense and the jury found this client not guilty. The jury also required the state to pay client entire legal fee too!

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Understanding No-Contact Orders After a DV Arrest