In Washington State, no-contact orders and restraining orders are powerful legal tools used to protect individuals from harm or harassment. While both are commonly associated with criminal cases, they also play a significant role in divorce and family law proceedings. Whether you're seeking protection from a current or former spouse, or you've been served with an order restricting your contact, understanding the legal scope and impact of these orders is essential.
These orders often arise during high-conflict divorces, separation cases, or disputes involving child custody. Courts may issue them to protect spouses, domestic partners, children, or other family members. Depending on the circumstances, the existence of such an order can affect parenting plans, visitation rights, property possession, and even the ability to remain in the marital home.
Failing to understand or comply with the terms of these orders can have serious legal consequences, including arrest, loss of parental rights, or criminal contempt charges. Whether you are seeking protection or defending against one, knowing the key differences between these orders is critical.
The Difference Between No-Contact Orders and Restraining Orders in Washington StateThough they are often confused, no-contact orders and restraining orders serve different purposes and originate from different types of legal proceedings.
1. No-Contact Orders – Criminal in NatureA no-contact order is issued as part of a criminal case, usually after an arrest for domestic violence or another related offense. It prohibits the defendant from having any form of contact with the protected person, including in person, by phone, text, email, or through third parties.
These orders are mandatory conditions of release or sentencing in many domestic violence cases. As stated in RCW 10.99.040(2)(a):
“Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody… the court authorizing the release may prohibit that person from having any contact with the victim and others.”
Violating a no-contact order is a criminal offense, even if the protected party initiates contact or agrees to meet.
2. Restraining Orders – Civil and Family Law-BasedA restraining order is a civil protection order issued in the context of divorce, legal separation, or parenting plan actions. These orders are broader and can cover a wide range of issues, including temporary custody, removal from the family home, financial restrictions, and bans on harassment or contact.
RCW 26.09.060, explains:
“As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:”
The statute then goes on to list prohibitions related to the restraining order, which may include disturbing the peace of another party or of any child, or going onto the grounds of or entering the home, school, or workplace of the other party, or the daycare or school of any child.
Restraining orders may be requested with or without notice to the other party and are often entered at the beginning of a divorce or custody case to prevent harassment or maintain the status quo while the case proceeds.
Frequently Asked Questions: No-Contact and Restraining Orders in Washington Divorce Cases1. How do I get a restraining order (protection order) during my divorce in Washington?
If you are in the process of divorce or legal separation and need protection, you can request a temporary restraining order (TRO) as part of your family law case. This order can prohibit your spouse from contacting you, entering the family home, disturbing your peace, or even making financial decisions without consent. You can file a motion under RCW 26.09.060, and the court may issue the order the same day, with or without notice to the other party.
To begin, file a Motion for Temporary Family Law Orders and a Proposed Temporary Order with the court where your divorce is filed. If the court grants the request, a full hearing is usually scheduled within two weeks.
Helpful resource: Washington Courts – Temporary Family Law Orders
Help for victims: Protection Orders and Victim Support
2. How do I respond to being served with one of these orders?
If you've been served with a no-contact or restraining order, do not ignore it. Even if you believe the allegations are false or exaggerated, you must follow the order exactly until it is modified or dismissed by the court. Violating the order, even unintentionally, can result in criminal charges or jail time.
You have the right to a hearing, and you should attend it prepared with documentation, witness statements, and legal counsel if possible. Failing to appear may result in the order becoming final without your input.
Helpful resource: Washington Law Help – Responding to Protection Orders
3. Can a restraining order affect child custody or visitation rights in my Washington divorce?
Yes. A restraining order—or any civil protection order—can significantly impact child custody and parenting time. If the court finds credible evidence of domestic violence or harassment, it may limit or prohibit contact between the restrained party and the child, or require supervised visitation.
Under RCW 26.09.191, a court may restrict custody or visitation rights if it finds that a parent engaged in conduct that adversely affects the child’s well-being, including domestic violence or abusive behavior.
Helpful resource: RCW 26.09.191 – Parenting Plan Restrictions
4. What happens if my ex violates a no-contact or restraining order during our divorce in Washington?
Violating either type of order is serious. A no-contact order violation is typically a gross misdemeanor or felony, depending on the nature of the contact and the defendant’s history. Law enforcement can arrest the violator without a warrant if they have probable cause.
Violations of civil restraining orders may be enforced through contempt proceedings. The protected party can file a motion for contempt with the court, and the violator may face fines, attorney’s fees, or even jail time for failing to comply.
Helpful resource: Washington Law Help – Contempt in Family Law Cases
5. How long do restraining orders last in a Washington State divorce, and can they be extended?
Temporary restraining orders issued during divorce proceedings typically last 14 days, unless extended by court order. At a follow-up hearing, the court may convert the order into a longer-term temporary order that remains in effect until the divorce is finalized—or even longer, if appropriate.
If ongoing protection is needed after the divorce is complete, a party may petition for a Domestic Violence Protection Order (DVPO) under RCW 7.105, which can last for one year or longer, and may be renewed before it expires.
Helpful resource: Washington Courts – Guide to Protection Orders
Talk to a Washington Family Law Attorney About No-Contact and Restraining OrdersAt the Law Offices of Jason S. Newcombe, we represent individuals throughout Washington State who are facing complex divorce and family law cases involving no-contact and restraining orders. Whether you are seeking protection from abuse or harassment or defending yourself against false or unfair allegations, we provide the experienced, strategic legal counsel you need.
With over 50 years of combined experience, our team understands how these orders can impact everything from parenting plans to property rights. We work to protect your safety, your reputation, and your future—inside and outside the courtroom.
Schedule your free consultation today and take the first step toward protecting your rights with clarity, confidence, and trusted legal advocacy.