If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location.
By January 1, , the administrative office of the courts shall develop a pattern form for all no-contact orders issued under this chapter. A no-contact order issued under this chapter must substantially comply with the pattern form developed by the administrative office of the courts. So long as the court finds probable cause, the court may issue or extend a no-contact order even if the defendant fails to appear at arraignment. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed.
The court may as a condition of release prohibit the defendant from possessing or accessing firearms and order the defendant to immediately surrender all firearms and any concealed pistol license to a law enforcement agency upon release. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed.
Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. Violation of order — Penalties. Effective until July 1, The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring.
The court shall consider the ability of the convicted person to pay for electronic monitoring. 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. There are at least a dozen different statutes that set out the potential elements of this charge RCW 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.
Obviously, direct contact would include in-person contact, phone calls, emails, text messages, etc. Indirect contact simply means that at your behest, someone has contact with the protected party. The court may also require electronic monitoring, with the cost of the device and service paid for by the defendant.
An order violation that results in an assault will also be charged as a felony. In many cases where an order was allegedly broken, it can become the word of the accused against the word of the police. These charges do not require a victim to testify or even cooperate with law enforcement. The State's case often times revolves around the police officer testifying that an order existed and that in their opinion , it was violated. A strong attorney will stand up to the police and poke holes in their evidence and testimony.
Even if there was an admission of guilt, a good attorney can use negotiations to highlight mitigating circumstances, such as invited contact, a lack of significant criminal history or a favorable evaluation by a certified treatment agency in WA State. On every case, we will do an independent investigation to uncover issues with the evidence, find witness inconsistencies, and challenge the testimony of law enforcement.
The great majority of cases that we defend result in a case dismissal or significantly reduced consequences. Beckwith Law has office locations in Seattle and Tacoma. We can be called any day of the week including after-hours for a free consultation.
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