| In Washington State, there is no crime of Domestic | | | | year in jail and a $5,000 fine. Since violating a |
| Violence. Rather, Domestic Violence is a tag that is | | | | Domestic Violence No Contact Order is itself labeled a |
| put on other crimes indicating that there is a family or | | | | crime of domestic violence, your rights to own or |
| household relationship between the parties involved. | | | | possess firearms will be forfeited upon conviction - |
| Most jurisdictions will impose a No Contact Order that | | | | even if no gun was used, possessed, mentioned or in |
| prohibits the defendant in a Domestic Violence ("DV") | | | | any other way used or contemplated. This is true |
| case from having contact with the alleged victim of | | | | even where the underlying criminal case, which |
| the crime. The order will often prohibit contact with | | | | caused the No Contact Order to be issued, is |
| the victim's children, residence and place of work too. | | | | dismissed. |
| Family or household relationship | | | | Being in a public place, even the courthouse, is not a |
| According to RCW 10.99.020(3), family or household | | | | defense to violating the order. This means that if an |
| members is defined as: | | | | order is issued against you and you see the |
| [S]pouses, former spouses, persons who have a child | | | | protected person at a grocery store then you must |
| in common regardless of whether they have been | | | | leave. Inadvertent contact may technically not violate |
| married or have lived together at any time, adult | | | | the order, but you may well have to go in front of a |
| persons related by blood or marriage, adult persons | | | | Judge to defend yourself. Besides the stress |
| who are presently residing together or who have | | | | involved, you may have to spend more money in |
| resided together in the past, persons sixteen years | | | | order to hire an attorney. |
| of age or older who are presently residing together | | | | Even if the victim invites the contact, the respondent |
| or who have resided together in the past and who | | | | can face jail time if the order is violated. What I see |
| have or have had a dating relationship, persons | | | | most often in my cases, is the following scenario: |
| sixteen years of age or older with whom a person | | | | Two people have a relationship. Something happens |
| sixteen years of age or older has or has had a dating | | | | and the police are called. Because of everyone's |
| relationship, and persons who have a biological or legal | | | | sensitivity to "Domestic Violence" the police err on |
| parent-child relationship, including stepparents and | | | | the side of charging someone. A No Contact Order |
| stepchildren and grandparents and grandchildren. | | | | then slams into place, precluding the two people from |
| As you can see, this definition is extremely broad. It | | | | having contact with one another. It may also make |
| is far more inclusive then what most people would | | | | one of them unexpectedly homeless - but that is a |
| expect it to be. The same is true for the types of | | | | different issue. People, being people, want to work |
| crimes that are labeled "Domestic Violence." Most | | | | the problem out and the alleged victim contacts the |
| people only think of Assault when it comes to | | | | defendant and says something to the effect of "I'm |
| domestic violence, however there are many other | | | | so sorry that all of this is happening. Come home and |
| crimes that can carry the DV tag. | | | | I'll make it worth your while." The problem, of course, |
| Mandatory Arrest | | | | is that the defendant takes the alleged victim up on |
| According to RCW 10.31.100(2)(c), an officer must | | | | the offer. Generally, legal problems multiply for the |
| make an arrest if: The person is sixteen years or | | | | defendant shortly thereafter as the happy couple go |
| older and within the preceding four hours has | | | | out to celebrate their rekindled relationship only to pull |
| assaulted a family or household member as defined in | | | | a "slow and go" at a stop sign - or some other minor |
| RCW 10.99.020 and the officer believes: | | | | traffic infraction. They then get stopped by the |
| (i) A felonious assault has occurred; | | | | police. When the officer runs the occupants' |
| (ii) an assault has occurred which has resulted in | | | | information, up jumps the No Contact Order and the |
| bodily injury to the victim, whether the injury is | | | | defendant is arrested then taken to jail where he is |
| observable by the responding officer or not; or | | | | now facing an additional charge. |
| (iii) that any physical action has occurred which was | | | | Removing the Order |
| intended to cause another person reasonably to fear | | | | It is very difficult to remove a Pre-Trial No Contact |
| imminent serious bodily injury or death. Bodily injury | | | | order once it is in place. Even if the victim comes in |
| means physical pain, illness, or an impairment of | | | | and testifies before the Judge that the order is not |
| physical condition. When the officer has probable | | | | needed, most Judges will leave the order in place. |
| cause to believe that family or household members | | | | One strategy is to have the defendant evaluated by |
| have assaulted each other, the officer is not required | | | | a Domestic Violence Treatment Agency. If a |
| to arrest both persons. The officer shall arrest the | | | | counselor is willing to tell the Judge that the |
| person whom the officer believes to be the primary | | | | defendant would not pose a danger to the victim if |
| physical aggressor. In making this determination, the | | | | the order is removed, then the Judge can eliminate |
| officer shall make every reasonable effort to | | | | the order. The Treatment Agency may want to get |
| consider: | | | | the defendant into classes before agreeing to make |
| (i) The intent to protect victims of domestic violence | | | | a recommendation to the Judge. |
| under RCW 10.99.010; | | | | Another strategy is to ask the Court to modify the |
| (ii) the comparative extent of injuries inflicted or | | | | No C0ontact Order to allow marriage counseling. |
| serious threats creating fear of physical injury; and | | | | Some Judges will require that contact only be allowed |
| (iii) the history of domestic violence between the | | | | while monitored by a third party from the treatment |
| persons involved. | | | | agency. |
| If you get arrested for a crime involving domestic | | | | Once a No Contact Order has been modified to allow |
| violence, a No Contact Order will slam into place | | | | conditional contact, a Judge is more likely to remove |
| almost immediately. | | | | the order later, unless there is a new problem. |
| No Contact Orders | | | | Victim Rights |
| There are two types of No Contact Orders in | | | | Most Prosecutors' Offices have a Domestic Violence |
| Washington State: Pre-Trial and Post Conviction. Both | | | | Advocate. It is this person's job to help the victim of |
| types of orders prevent the defendant from having | | | | a domestic violence offense understand what |
| contact with the alleged victim. However, neither | | | | services are available to them and help keep them |
| type prevents the victim from trying to have | | | | informed as the court process moves along. |
| contact with the defendant, since only the defendant | | | | I have seen numerous cases where the victim does |
| goes to jail if the order is violated. In other words, | | | | not want the No Contact Order to be in effect. |
| the No Contact Orders limit only the defendant's | | | | Going through the victims advocate person can |
| behavior. | | | | sometimes be helpful. |
| Pre-Trial | | | | Most courts have a form that the alleged victim can |
| Pre-Trial Orders are issued against the defendant | | | | fill out requesting that the Judge drop the No |
| (sometimes called a Respondent) before he or she is | | | | Contact Order. In my experience, most Judges will |
| convicted of having done anything wrong. These | | | | maintain the order even after the victim asks to |
| orders can preclude contact between the | | | | have it dropped. Even though the order remains in |
| Respondent and the alleged victim of the crime, the | | | | place, having the victim ask for it to be removed is |
| victim's children (even if they are the Respondent's | | | | still valuable, since it may be useful on a later attempt |
| children too), the victim's place of work and the | | | | to remove the order. |
| victim's home (even if it's the Respondent's home | | | | Gun Rights |
| too). | | | | Conviction for a crime labeled Domestic Violence will |
| In other words, these orders can force you away | | | | cause you to loose your right to own or possess |
| from your home and your kids before you have | | | | firearms. This is a lifelong ban. |
| even been convicted of a crime. This is true even if | | | | Example |
| the victim says that nothing happened or that | | | | In one case I had, the husband was arrested for a |
| whatever did happen was blown all out of proportion. | | | | Domestic Violence charge when, during an argument, |
| Pre-trial orders stay in place until there is a resolution | | | | he threw a bowl into their kitchen sink, chipping it. |
| to the criminal case or until a Judge lifts it. | | | | The argument was overheard by a nearby neighbor |
| Post-Conviction | | | | who called the police. The police arrived and when |
| A No Contact Order issued after conviction can carry | | | | they looked in the sink, they found the chipped bowl |
| the same types of restrictions that a Pre-Trial order | | | | and arrested the husband for domestic violence |
| does. Post-Conviction Orders are generally good for a | | | | malicious mischief. There was no allegation that the |
| year, however a Judge can extend that if he or she | | | | husband threw the bowl at, or even near, his wife. |
| feels that the facts warrant it. | | | | Since Washington is a Community Property state, |
| Civil Standby | | | | both the husband and the wife had an ownership |
| Since a No Contact Order can preclude you from | | | | interest in the bowl, thus by chipping his bowl, the |
| going to your own home, the Courts will generally | | | | husband damaged property belonging to another (i.e. |
| allow you one trip home to get clothes and a few | | | | his wife) and was therefore liable under Malicious |
| personal items. However, you must be accompanied | | | | Mischief. Without counsel, the husband (who had no |
| by a Law Enforcement Officer. This process is called | | | | prior criminal history) pled guilty at arraignment. He |
| a "Civil Standby." You must contact the law | | | | was given a one year No Contact Order which |
| enforcement agency and schedule a time for the Civil | | | | prevented him from going home for a year or having |
| Standby. Be aware, however, that this is a low | | | | any contact with his wife. |
| priority action for most law enforcement agencies, so | | | | Had the husband contacted an attorney prior to |
| the civil standby will only be done when they have | | | | pleading guilty, he may not have had a conviction at |
| the time to spare. | | | | all. Even if there was a conviction, an attorney could |
| Violating a No Contact Order | | | | have helped him avoid such a long No Contact Order. |
| A willful violation of a No Contact Order is a gross | | | | Copyright (c) 2007 The Cahoon Law Office - All |
| misdemeanor; which means that you can get up to a | | | | rights reserved. |