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No-Contact and Restraining Orders in Everett Divorce and Family Law
In Everett and throughout Snohomish County, no-contact and restraining orders are often used in divorce, legal separation, and child custody cases—particularly when there are allegations of abuse, threats, or harassment. While these types of orders are commonly associated with criminal charges, they also play a vital role in civil family law proceedings.
Whether you are seeking protection from a spouse or domestic partner, or you have been served with a court order that limits your contact with a family member, it is essential to understand how these legal tools work and what impact they can have on your divorce or parenting plan.
Courts in Snohomish County routinely issue these orders to protect individuals and children, especially in high-conflict or volatile family situations. Once in place, these orders can affect your ability to live in the family home, communicate with your children, manage finances, or participate in custody decisions. Violating one—knowingly or not—can result in criminal charges, contempt findings, or a major setback in your case.
Understanding the differences between no-contact and restraining orders, and knowing how to respond to or request one appropriately, is crucial to protecting your legal rights in any Everett family law matter.
Understanding the Difference Between No-Contact Orders and Restraining Orders in Washington StateAlthough they are often confused, no-contact orders and restraining orders are distinct legal tools with different purposes and legal origins.
No-Contact Orders – Issued by Criminal CourtsA no-contact order is issued as part of a criminal case, often following an arrest for domestic violence, assault, or related charges. It prohibits the accused individual from contacting the protected party in any form, including in person, over the phone, by email or social media, or through third parties.
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 typically issued during arraignment or release proceedings and remain in place until the criminal case is resolved. Violating a no-contact order is a criminal offense—even if the protected person initiates contact.
Restraining Orders – Issued Through Family CourtRestraining orders are civil orders issued in the context of divorce, legal separation, or parenting actions. They are designed to provide protection during the pendency of a family law case and can address a broad range of issues such as domestic safety, property preservation, and parenting arrangements.
Washington law authorizes courts to issue these orders under 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 restraining order in a Snohomish County family law case can:
- Prevent harassment or threats
- Bar access to the family home or workplace
- Prohibit the removal of children from the area
- Restrict the use, transfer, or disposal of shared assets
These orders are commonly issued at the beginning of a case to ensure safety and preserve the legal status quo. Depending on the facts, they may be entered with or without prior notice to the other party.
If you or your child are in immediate danger, follow this link and get help for victims.
Frequently Asked Questions: No-Contact and Restraining Orders in Everett Divorce Cases1. How do I get a restraining order during my divorce in Everett or Snohomish County?
If you are in the process of divorce or a parenting case and need legal protection from abuse, threats, or harassment, you can request a temporary restraining order through the Snohomish County Superior Court. These civil orders can prohibit contact, control access to the family home, and prevent the removal of children or dissipation of marital assets.
To request one, you must file a motion under RCW 26.09.060, typically along with an affidavit or declaration outlining the circumstances. The court may grant the order without notice to the other party if immediate protection is necessary.
Get more information: Snohomish County Superior Court – Domestic Cases
2. What should I do if I’ve been served with a no-contact or restraining order in Everett?
You must follow the order exactly. Do not attempt any direct or indirect contact with the protected party, even if they try to reach out to you. Violations can result in criminal charges, jail time, or adverse findings in your family law case.
You will be given an opportunity to respond at a court hearing. Gather any relevant documents or evidence and consider seeking legal representation to present your side effectively.
Get more information: Washington Law Help – Responding to Protection Orders
3. Can a restraining order impact child custody in a Snohomish County divorce?
Yes. A restraining order can influence the court’s decisions on parenting time, residential schedules, and decision-making authority. If there are allegations of abuse or behavior that threatens the safety of a child or parent, the court may order supervised visitation or suspend contact altogether.
Under RCW 26.09.191, Washington courts are required to evaluate the impact of domestic violence and other harmful conduct when creating parenting plans.
Get more information: RCW 26.09.191 – Parenting Plan Restrictions
4. What happens if my ex violates a no-contact or restraining order during our Everett divorce?
Violating a no-contact order is a criminal offense. Law enforcement can arrest the violator without a warrant if they have probable cause. The violation can lead to misdemeanor or felony charges, depending on the situation.
If a civil restraining order is violated, the protected party can file a motion for contempt in family court. The judge may impose sanctions such as fines, attorney’s fees, or even modifications to the parenting plan.
Get more information: Washington Law Help – Contempt in Family Law Cases\
5. How long do restraining orders last in an Everett divorce, and can they be extended?
Temporary restraining orders usually last 14 days. At a follow-up hearing, the court can issue longer-lasting temporary orders that remain in place until the case is resolved. If a more permanent level of protection is needed, a Domestic Violence Protection Order (DVPO) may be pursued under RCW 7.105.
DVPOs can remain in effect for one year or more and may be renewed before expiration, depending on the ongoing circumstances.
Get more information: Washington Courts – Protection Order Process
At the Law Offices of Jason S. Newcombe, we help individuals throughout Everett and Snohomish County navigate divorce and custody cases involving no-contact and restraining orders. Whether you are seeking protection or responding to an order that affects your rights, we bring decades of legal experience to help you move forward with confidence.
These orders can affect your parenting time, your home, and your long-term legal position. We act quickly to protect your interests and ensure your voice is heard in court.
Schedule your free consultation today to take control of your case and secure the legal support you need to protect your rights and your future.
