No Contact Order Violation
A no contact order can be put in place for a variety of reasons and different specific conditions. If one has been placed upon you, it is extremely important that you understand what you are specifically being ordered to do, or rather, not to do. If you are found to have violated the conditions, you will be facing a gross misdemeanor charge, and in certain circumstances, a Class C felony.
A no contact order can be placed upon a person for a variety of reasons. Commonly, when an individual is charge with domestic violence, a judge will order the defendant not to have contact with the alleged victim. Whether your no contact order is actually a restraining order or an anti-harassment order, it is important to take it seriously and to follow the court’s instructions.
Typically, a no contact order specifically prohibits any type of contact. This includes physical, verbal (in person and phone), electronic (emails and texts), and messages sent through third parties. The contact prohibition is not simply prohibiting you from initiating contact but from having the actual contact. So you can get in trouble if the person calls you and you speak with them. If you see the person walking down the street, it is your obligation to turn around and walk away. The fact that the other person wants you to talk to them is irrelevant. If you see the person is calling you on your caller ID, do not pick it up.
It is important that you understand that the judge is in charge of the no contact order. The other party does not have the ability to simply change their mind from one situation to the next. If there is a no contact order between you and your ex-girlfriend, and the ex then calls telling you she wants you back in her life, you should not do anything until the judge says you can contact her again or you are positive the order has expired. Even if your ex says she would never call the police on you, the reality is that the next time you guys have a fight, the cops will be called and you will go off to jail for violating the order.
A violation may be charged as a felony if the “contact” was actually an assault. An assault that would typically constitute assault 4° could become a felony if there was a no contact order in place. Additionally, you could be facing a felony if you have two or more prior convictions for violating a no contact order.
If you have questions or concerns about your present situation, do not hesitate to give our office a call for a free consultation with one of our skilled Washington criminal defense lawyers.