Get Help & Answers Now!
No-Contact and Restraining Orders in Tacoma Divorce and Family Law
In Tacoma and throughout Pierce County, no-contact and restraining orders are common in divorce, legal separation, and child custody cases—especially when there are claims of domestic violence, threats, or emotional abuse. While these orders are frequently used in criminal cases, they are also a crucial tool in civil family law proceedings to protect vulnerable parties and maintain stability during a pending legal dispute.
Whether you are requesting protection from a spouse or partner or responding to an order that restricts your ability to communicate with family members, it is essential to understand how these legal mechanisms operate. Protective orders can immediately impact your parenting rights, property access, communication, and decision-making authority in a family law matter.
Courts in Pierce County can issue these orders on short notice when there is sufficient concern for safety or well-being. A violation—even if unintentional—can result in arrest, contempt charges, and long-term consequences for your divorce or custody case.
Understanding the differences between no-contact and restraining orders is critical when navigating family law proceedings in Tacoma.
Understanding the Difference Between No-Contact Orders and Restraining Orders in Washington State
Although they both restrict communication or contact, no-contact and restraining orders arise under different legal authorities and serve distinct purposes.
No-Contact Orders – Criminal Court Protection
A no-contact order is issued by a criminal court, typically following an arrest for domestic violence, assault, harassment, or similar charges. It prohibits the accused individual from having any form of contact with the protected party, whether in person, by phone, through social media, or via third parties.
According to 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 commonly issued at arraignment or as a condition of release and remain in place for the duration of the criminal proceedings. Violating a no-contact order is a criminal offense, even if the protected person initiates the contact.
Restraining Orders – Civil Family Law Orders
A restraining order is a civil order issued through family court as part of a divorce, legal separation, or custody case. These orders are broader than no-contact orders and may address issues such as parenting arrangements, use of the family home, control of financial accounts, and protection from harassment or abuse.
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 family law restraining order in Pierce County may:
- Prohibit contact between parties
- Prevent one party from entering the home, school, or workplace
- Restrict the removal of children from the area
- Prohibit interference with marital property or finances
These orders are often granted at the start of a family law case to protect the safety of a parent or child and to preserve the legal status quo. They may be issued with or without notice to the other party.
If you or your child are in immediate danger, access support here: Victim Support
Frequently Asked Questions: No-Contact and Restraining Orders in Tacoma Divorce Cases
1. How do I get a restraining order during my divorce in Tacoma or Pierce County?
If you are concerned about your safety during a divorce or parenting case, you can request a temporary restraining order through the Pierce County Superior Court. These civil orders can restrict contact, prevent interference with your children or property, and help stabilize your situation while your case is pending.
To file, you must submit a motion under RCW 26.09.060, usually accompanied by an affidavit or declaration explaining your circumstances. The court may issue an order the same day, with or without notice to the other party.
Get the facts: Pierce County Superior Court – Family Law
2. What should I do if I’ve been served with a no-contact or restraining order in Tacoma?
You must follow the terms of the order immediately, even if you disagree with the allegations. Do not contact the protected person under any circumstances. Violating the order can result in criminal prosecution or findings of contempt in family court.
You will have a chance to respond at a scheduled hearing. Be prepared to present documents, communications, or witness statements that support your version of events. Legal counsel is highly recommended.
Get the facts: Washington Law Help – Responding to Protection Orders
3. Can a restraining order affect custody or parenting time in a Pierce County divorce?
Yes. A restraining order may influence custody decisions if the court believes there is a risk to a child’s safety or well-being. The court may limit parenting time, impose supervised visitation, or restrict communication between the parties.
Under RCW 26.09.191, courts are required to consider domestic violence or abusive conduct when issuing parenting plans or residential schedules.
Get the facts: RCW 26.09.191 – Parenting Plan Restrictions
4. What happens if my ex violates a no-contact or restraining order during our Tacoma divorce?
If your ex violates a no-contact order, it is a criminal offense. Law enforcement in Pierce County can make an arrest without a warrant based on probable cause. A conviction may result in jail time or additional criminal charges.
If a civil restraining order is violated, you can file a motion for contempt with the family court. The judge may impose fines, attorney’s fees, or modify existing custody and property orders.
Get the facts: Washington Law Help – Contempt in Family Law Cases
5. How long do restraining orders last in a Tacoma divorce, and can they be extended?
Temporary restraining orders usually last 14 days. The court will hold a follow-up hearing to determine whether the order should be extended or converted into a longer-term temporary order that remains in effect until the final resolution of the case.
If long-term protection is needed, you may request a Domestic Violence Protection Order (DVPO) under RCW 7.105. These orders can last for a year or longer and may be renewed as needed.
Get the facts: Washington Courts – Protection Order Process
Talk to a Tacoma Divorce Attorney About No-Contact and Restraining Orders
At the Law Offices of Jason S. Newcombe, we represent clients in Tacoma and throughout Pierce County in divorce and custody matters involving no-contact and restraining orders. Whether you are seeking protection or defending against a court order, our attorneys bring decades of experience navigating high-conflict family law disputes.
These orders can affect where you live, how often you see your children, and the outcome of your case. We work quickly and effectively to protect your rights and guide you through the legal process with confidence.
Schedule your free consultation today and take the first step toward securing your future and protecting what matters most.