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Washington Violation of No Contact Order (VNCO)
If the order is one that protects a household member, family member or someone with whom there is a dating relationship, it constitutes a crime of domestic violence.
Elements of Violation of a No Contact Order
There are at least a dozen different statutes that set out the potential elements of this charge (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or 74.34.145).
Essentially, the government must be able to prove that there was a valid order in place, that the defendant had been given valid notice of the order, and that the prohibited contact was engaged in. The types of contact prohibited in most orders are direct or indirect contact with the protected party, contact through a third person, being in a prohibited place or within a prohibited distance.
Direct contact would include actions such as in-person contact, phone calls, emails, and text messages. Indirect contact simply means that at your behest, someone has contact with the protected party.
A person who is restrained from contact with another cannot have contact with that person. Period. The person who the order protects does not have the authority to vacate the protection order. There are only two ways such an order can be vacated. Either the issuing court has to vacate the order or the order has expired, either due to the length of the order running or the jurisdiction of the ordering court lapsing.
Misdemeanor VNCO
Either the issuing court has to vacate the order or the order has expired, either due to the length of the order running or the jurisdiction of the ordering court lapsing.
A violation of an order prohibiting contact is a gross misdemeanor so long as the violating contact was not an assault and if there were not two previous convictions for violating similar protection orders. RCW 26.50.110. As such, a conviction could mean up to a year in jail and a $5,000.00 fine as well as all of the other penalties.
Felony VNCO
Felony Violation of a No Contact Order is scored as having a seriousness level five (5). That means someone with no previous history would be looking at 6-12 months in jail. However, by definition, most people charged with this offense would have an offender score of 1 or higher, in which case a conviction would mean prison time.
In addition to facing new criminal charges for violating the no-contact order, a person also would also likely be accused of violating either condition of release on a separate pending domestic violence matter or violating the terms of Domestic Violation probation on an earlier Domestic Violation conviction.
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“Brilliant strategists!! I had a very serious issue. I was charged with 3 counts of a serious crime which led to almost a 2 week trial. The events leading up to this trial happened 3 years ago, but they stuck with me the whole time. I am not sure how they are able to do it, but with Mr. Lawrence’s help we pulled a win. I plead not guilty to all 3 charges and if I was convicted of even 1 of them I would have lost my career and my life as I know it. So I really commend what these gentlemen do and being able to their job when they have so many other cases to work. Thank you again Mr. Lawrence and Mr. Wakefield for the work and dedication you have put into my case which has allowed me to continue forward with my life and career in the Navy.”
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“Can’t begin to explain how grateful I am for snohomish law group. I was facing my third NCO violation and Mr. Lawrence tackled the challenge with conviction and picked the case apart. So well in fact, the charge was dismissed before the court hearing. All thanks to the technical expertise and big picture fortitude Mr. Wakefield and Mr. Lawrence bring to the table. The process was smooth and tension free. The attorneys treat you with respect and take time to educate. Yuliya is amazing at responding to all and any types of questions with haste. I never felt ”out of the loop”. Just amazing. Best attorneys in Snohomish county.”
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