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No-Contact and Restraining Orders in Auburn Divorce and Family Law
In Auburn and throughout King County, no-contact and restraining orders are frequently used in divorce, separation, and child custody cases—especially when there are allegations of abuse, harassment, or emotional intimidation. While many people associate these orders with criminal law, they are also a powerful part of civil family law proceedings, designed to protect individuals and stabilize volatile situations.
If you’re seeking court-ordered protection from a spouse or partner, or if you’ve been served with an order that restricts your ability to contact your family, it’s essential to understand what these orders mean for your rights. Protective orders issued in a divorce case can immediately impact parenting time, control over shared property, and even access to the family home.
Family law courts in King County often issued these orders early in a case to prevent conflict and preserve safety. Violating the terms of a no-contact or restraining order can lead to arrest, criminal charges, or negative consequences in your divorce or custody matter.
Understanding the legal purpose and scope of each type of order is critical—especially when they can affect the outcome of a pending family law case in Auburn.
Understanding the Difference Between No-Contact Orders and Restraining Orders in Washington State
Though they are often confused, no-contact orders and restraining orders serve different legal purposes and are issued through different court systems.
No-Contact Orders – Criminal Court Authority
A no-contact order is issued in a criminal case, typically after someone has been arrested and charged with domestic violence or a related offense. It prohibits all direct and indirect contact with the protected person. This includes in-person contact, phone calls, messages, emails, social media communication, and third-party contact.
Under 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.”
Read the full statute: RCW 10.99.040
These orders are mandatory in many criminal domestic violence cases and may remain in effect throughout the proceedings or as a condition of sentencing. Violating a no-contact order is a criminal offense and can result in immediate arrest, even if the protected party initiates the contact.
Restraining Orders – Civil Protection in Family Law
A restraining order is a civil order issued in connection with a divorce, separation, or parenting case. These orders can address a wide range of issues, such as harassment, property disputes, access to children, and control over financial resources. They are issued through the family court and are commonly used to prevent disruption while a case is pending.
According to RCW 26.09.060:
“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…”
Read the full statute: RCW 26.09.060
A family law restraining order may:
- Prevent a party from disturbing the peace of the other party or a child
- Restrict access to the home, workplace, or school
- Prohibit a parent from removing a child from the area
- Limit financial interference or property disposal
Restraining orders may be granted with or without advance notice to the other party and are often issued at the start of a divorce or parenting plan case to ensure safety and stability.
If you or your child is facing abuse or imminent danger, help is available here: Protection Orders and Victim Support
Frequently Asked Questions: No-Contact and Restraining Orders in Auburn Divorce Cases
1. How do I get a restraining order during my divorce in Auburn or King County?
If you need protection from your spouse during a divorce or custody case, you can request a temporary restraining order through the family law court in King County. These orders can stop unwanted contact, bar your spouse from the family home, and restrict access to children or property.
To file, you must submit a motion under RCW 26.09.060, typically with a sworn affidavit describing the issue. Courts may grant the order without prior notice to the other party if there’s an immediate safety concern.
Resource: King County Superior Court – Family Law Instructions
2. What should I do if I’ve been served with a no-contact or restraining order in Auburn?
You must comply with the terms of the order immediately, regardless of whether you agree with it. Do not attempt any form of contact with the protected person. Violations can result in arrest, criminal charges, or court sanctions.
You will be given a court date to respond. Prepare your case by collecting documents, witness statements, or communications that support your position. Consider working with a family law attorney to ensure a strong response.
Resource: Washington Law Help – Responding to Protection Orders
3. Can a restraining order affect child custody in an Auburn divorce?
Yes. A family court restraining order can have a direct effect on parenting time and decision-making authority. If the court finds credible concerns involving abuse, harassment, or endangerment, it may restrict visitation or order supervised contact.
RCW 26.09.191 requires the court to consider a history of domestic violence or harmful conduct when determining custody and residential schedules.
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 King County?
Violating a no-contact order is a criminal offense. Police may arrest the violator without a warrant if there is probable cause to believe the order was breached.
If a civil restraining order is violated, the protected party can file a motion for contempt in the divorce or custody case. The court can issue fines, modify parenting time, or impose additional restrictions to prevent further violations.
Resource: Washington Law Help – Contempt in Family Law Cases
5. How long do restraining orders last in an Auburn divorce, and can they be extended?
Temporary restraining orders usually last 14 days. A hearing is then scheduled to determine whether the order should be extended or replaced with longer-term temporary orders that remain in effect until final divorce rulings.
If you need longer-lasting protection, a Domestic Violence Protection Order (DVPO) under RCW 7.105 can remain in effect for one year or more and may be renewed before it expires.
Resource: Washington Courts – Protection Order Process
Talk to an Auburn Divorce Lawyer About No-Contact and Restraining Orders
At the Law Offices of Jason S. Newcombe, we help individuals in Auburn and throughout King County who are navigating divorce, separation, and custody disputes involving no-contact and restraining orders. Whether you are seeking court protection or responding to allegations made against you, our team brings decades of legal experience to your side.
These orders can influence where you live, how often you see your children, and how your property is divided. We work quickly to protect your rights and advocate for your safety and your future.
Schedule your free consultation today to get the legal guidance you need to take control of your case and move forward with clarity and confidence.