Washington State Attorneys Home
Get Help & Answers Now!
No-Contact and Restraining Orders in Kent Divorce and Family Law
In Kent and across King County, no-contact and restraining orders frequently arise in divorce, legal separation, and child custody cases, especially when relationships turn hostile or there are allegations of abuse, threats, or intimidation. While these orders are often associated with criminal court, they play a significant role in civil family law proceedings where protection, boundaries, and safety are essential.
If you are seeking legal protection from a spouse or domestic partner, or if you have been served with an order that limits your contact with your family or children, it is critical to understand the different types of orders available, how they are issued, and how they can directly affect the outcome of your divorce.
Courts in King County may impose these orders at the beginning of a family law case or in response to an emergency. Depending on the circumstances, they can impact your access to the family home, your parenting time, decision-making rights, and how financial resources are handled during the legal process.
Violating these orders, even unintentionally, can result in arrest, criminal charges, and significant consequences for your case. Understanding the differences between no-contact and restraining orders is a necessary first step toward navigating a divorce or custody matter in Kent.
Understanding the Difference Between No-Contact Orders and Restraining Orders in Washington StateAlthough both orders may prohibit contact, they serve different purposes and originate from separate areas of Washington law.
No-Contact Orders – Criminal Case EnforcementA no-contact order is issued in a criminal case, typically following an arrest for domestic violence, assault, or harassment. It prohibits the accused individual from having any contact with the protected person, including in-person contact, phone calls, text messages, emails, or contact 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.”
Review the statute: RCW 10.99.040
No-contact orders are often conditions of release and remain in effect throughout the criminal proceedings or as part of sentencing. Violating a no-contact order is a criminal offense and may result in jail time or additional charges.
Restraining Orders – Family Law ProtectionsA restraining order is a civil order issued in connection with a divorce, legal separation, or parenting case. Unlike a no-contact order, it can address a range of family law concerns, including harassment, threats, financial interference, temporary custody, or access to shared property.
Restraining orders in family law cases are governed by RCW 26.09.060, which states:
“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…”
Review the statute: RCW 26.09.060
Examples of relief available through a restraining order include:
- Preventing one party from disturbing the peace of the other or a child
- Prohibiting entry into the family home, workplace, school, or childcare facility
- Preventing the removal of children from the jurisdiction
- Prohibiting the sale or destruction of community property
Restraining orders may be issued with or without notice to the other party, and they often serve to protect parties and preserve the status quo while the divorce or custody case is pending.
If you or your child is currently in danger, please visit this link for immediate safety resources: Victim Support.
Frequently Asked Questions: No-Contact and Restraining Orders in Kent Divorce Cases1. How do I get a restraining order during my divorce in Kent or King County?
If you are going through a divorce or parenting case in King County and need protection from harassment, abuse, or threats, you can request a temporary restraining order as part of your family law case. These orders can restrict your spouse from contacting you, entering the home, accessing financial accounts, or removing children from childcare or school.
You must file a motion under RCW 26.09.060, usually along with a declaration explaining your concerns. The court may issue the order with or without notifying the other party, depending on the urgency. Temporary restraining orders are often granted the same day.
Find out more: King County Superior Court – Family Law Instructions
2. How should I respond if I’m served with a no-contact or restraining order in Kent?
If you are served with a no-contact or restraining order, it is critical that you comply with every term immediately. Do not attempt to contact the protected party, even if they initiate communication. Violating the order can lead to arrest, contempt proceedings, or new criminal charges.
You have the right to a hearing to respond to the allegations. Gather documents, witness statements, or any evidence that supports your position, and attend the hearing fully prepared.
Find out more: Washington Law Help – Responding to Protection Orders
3. Can a restraining order affect custody or parenting time in my Kent divorce?
Yes. In cases involving allegations of abuse or harassment, the court may limit or restrict a parent’s access to their children. This could include requiring supervised visitation or suspending parenting time altogether.
Under RCW 26.09.191, the court must consider domestic violence or conduct that seriously endangers the child when issuing or modifying a parenting plan.
Find out more: RCW 26.09.191 – Parenting Plan Restrictions
4. What happens if my ex violates a no-contact or restraining order during our divorce in Kent?
Violating a no-contact order is a criminal offense and may lead to arrest without a warrant. A police officer only needs probable cause to believe a violation occurred.
If a civil restraining order is violated, the protected party can file a motion for contempt in the divorce case. The violating party may face penalties such as fines, legal fees, or even changes to the parenting plan.
Find out more: Washington Law Help – Contempt of Court in Family Law Cases
5. How long do restraining orders last in a Kent divorce case, and can they be extended?
Temporary restraining orders typically last 14 days unless extended by the court. At the follow-up hearing, the judge may issue longer-lasting temporary orders that stay in place until the final divorce decree is entered.
If you need longer-term protection, you may petition for a Domestic Violence Protection Order (DVPO) under RCW 7.105. These orders can last for one year or longer and may be renewed as necessary.
Find out more: Washington Courts – Protection Order Process
At the Law Offices of Jason S. Newcombe, we help individuals throughout Kent and King County who are navigating divorce and custody cases involving no-contact and restraining orders. Whether you are seeking protection from abuse or defending yourself against unfounded claims, our legal team brings more than 50 years of combined experience to your side.
These orders can affect your parenting time, your home, and your legal standing. We work quickly to help you understand your rights and take the necessary legal action to protect your future.
Schedule your free consultation today and get the guidance you need to move forward with confidence.
