What Is a No-Contact Order?
A no-contact order is a court order, issued in a criminal case, that prohibits a person charged with or convicted of a crime from contacting the alleged victim. It is one of several Washington orders that restrict contact, and people frequently confuse it with a civil protection order or a divorce restraining order. The differences matter, because they determine who controls the order and how it works. For Snohomish County families touched by a domestic violence arrest, understanding a no-contact order is essential. The Law Office of Chad Foster helps Snohomish County families with protection-order representation. When choosing a civil remedy, compare protection orders and family-law restraining orders.
A Criminal Order, Not a Civil One
The defining feature of a no-contact order is that it lives inside a criminal case. Washington's domestic violence response statute, chapter 10.99 RCW, authorizes courts to issue no-contact orders when a person is charged with or convicted of a crime involving domestic violence. The order is entered by the criminal court, on its own authority, to protect the alleged victim while the case proceeds.
This is the key contrast with a civil protection order. A civil protection order under chapter 7.105 RCW is something a person, the petitioner, files for themselves in a civil case. A no-contact order is different: the alleged victim does not file it and does not control it. The prosecutor and the criminal court drive it. That distinction has real consequences, including the fact that the alleged victim usually cannot simply cancel a no-contact order on their own, because it belongs to the criminal case, not to them.
When a No-Contact Order Is Issued
A no-contact order can arise at two points in a criminal case.
The first is early, as a condition of release. Under RCW 10.99.040, when a person charged with or arrested for a domestic violence crime is released from custody before trial, the court may issue a no-contact order prohibiting the defendant from contacting the victim. The statute allows the order to bar any attempt at contact, direct or indirect or through a third party, exclude the defendant from a shared residence or from the victim's workplace, school, or child care, and keep the defendant a specified distance away. This kind of order is tied to the criminal proceeding: it generally terminates if the defendant is acquitted or the charges are dismissed.
The second point is at sentencing. Under RCW 10.99.050, when a defendant is found guilty of a crime and the court restricts contact with the victim as part of the sentence, the no-contact order is recorded and a certified copy is provided to the victim. A sentencing no-contact order can last for a substantial period, with the statute setting limits based on the level of the offense.
What Happens If a No-Contact Order Is Violated
Violating a no-contact order is a crime, and the consequences can be serious. Under RCW 10.99.050, a willful violation of a no-contact order issued in a criminal case is punishable under RCW 7.105.450, the same enforcement statute that governs violations of civil protection orders. The order itself must carry a warning that violating it is a criminal offense that will subject the violator to arrest.
That cross-reference matters because of how RCW 7.105.450 treats violations. A willful violation, when the restrained person knows of the order, is generally a gross misdemeanor, and it rises to a class C felony in certain circumstances, including when the violation involves an assault that does not amount to first- or second-degree assault or reckless conduct that creates a substantial risk of serious harm, or when the person has at least two prior convictions for violating such orders. The statute also calls for mandatory arrest when an officer has probable cause to believe the order was violated. In short, a no-contact order has real teeth.
The Three Orders People Confuse
Because Washington has several orders that limit contact, it helps to keep them straight.
A no-contact order, under chapter 10.99 RCW, comes out of a criminal case and is controlled by the court and prosecutor. A civil protection order, under chapter 7.105 RCW, is something an individual petitions for in a civil case to protect themselves, and includes the domestic violence, sexual assault, stalking, antiharassment, vulnerable adult, and extreme risk varieties. A restraining order, by contrast, is typically issued within a family law case such as a divorce or parentage action under chapter 26.09 RCW, addressing contact and conduct between the parties while that case is pending. A single situation can sometimes involve more than one of these at the same time, which is part of why they are so easily confused.
The practical point is that the right order, and the right court, depends on the situation. If a domestic violence crime has been charged, a no-contact order may already exist through the criminal case. If someone needs protection but no criminal charges are pending, a civil protection order is the tool. And if the parties are in a divorce or parentage case, a restraining order within that case may be appropriate.
Why This Matters for Families
No-contact orders frequently overlap with family law. A domestic violence arrest can produce a no-contact order that suddenly bars a parent from the family home or from contact that runs through the children, all while a divorce or parenting case is unfolding. Because the no-contact order is controlled by the criminal court, it can complicate parenting arrangements in ways the family court has to work around, and the alleged victim cannot simply lift it. Coordinating the criminal no-contact order with the family law case takes care and attention to both. Protective restrictions also raise questions about custody arrangements and protection orders.
If you are dealing with a no-contact order in Snohomish County, whether you are protected by one, restrained by one, or trying to understand how it affects your divorce or parenting case, the Law Office of Chad Foster can help you understand the order and how it fits with your family law matter. Reach out to talk through your situation.
If you are in immediate danger, call 911.
Need help with a protection order or safety matter in King or Snohomish County? Learn about our protection order services, or call 425.785.8679 for a consultation.