What is a No Contact Order (NCO)?
Washington courts have the authority to prohibit you from contacting another person when domestic violence has been alleged in several circumstances. If a court issues a no-contact order, violating the order is a crime and will be treated very seriously by law enforcement, prosecutors and judges. This is true even if the person you have been prevented from contacting invited the contact.
An order preventing you from having contact with another person can be issued when:
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When a domestic violence criminal charge has been filed and the court issues an order preventing the defendant from having any contact with the alleged victim. In this circumstance, the court can (and generally will) issue such an order even if the people involved want to have contact and object to the order. RCW 10.99.040.
What does a DV no-contact order mean?
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Treated very seriously.
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Means absolutely no contact.
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Can only be changed with the court’s permission.
Washington domestic violence protection orders generally prohibit all contact of any kind (including, but not limited to, phone calls, letters, emails, text messages and contact through a third party) and usually restrict your ability to come within a certain distance of the protected person's home, work or school.
How do I modify or remove a No-Contact Order (NCO)?
The steps listed below apply only to requests to modify or rescind (terminate) a No-Contact Order which has been issued by the State as part of a Criminal Case filed with Chehalis Municipal Court.
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Complete the “Protected Person’s Motion and Declaration to Modify/Rescind Domestic Violence No-Contact Order”. This Motion must be completed regardless of whether the case is “open” (still pending) or “closed” (case is completed).
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Once you have completed the “Protected Person’s Motion and Declaration to Modify/Rescind Domestic Violence No Contact Order” make four (4) additional copies.
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After the 4 copies are made, file the original in the clerk’s Office. Make sure all copies are stamped as received – the Clerk’s Office will show you how to do this.
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Once you have filed the original, a member of Court Administration will assist you in scheduling your motion. Administration will give you copy of a document called a “half sheet.” Note: The State requires five (5) business days’ notification of your motion being scheduled.
The 4 copies of your Motion, together with copies of the Half Sheet given to you by Court Administration, will now be distributed as listed below:
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1 -- copy for your records
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1 – copy to the City Prosecuting Attorney’s Office
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1 – copy for the Defense attorney (Open cases only) OR
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1 – copy for the defendant (Closed cases only)
You must also contact Hope Alliance at 360-748-6601 or 800-244-7414 to schedule an appointment to speak with an advocate. The domestic violence advocate will talk to you regarding safety issues and community resources. Hope Alliance will then send a verification of service to the court. The court must receive verification of service with Hope Alliance, or your motion will not be considered.
If the case is closed, you must notify the defendant of your intent to modify the No-Contact Order. Therefore, please make sure you have a current or last-known address for the defendant. You must sign the Declaration of Mailing on the last page of the motion.
If the case is open, you must notify the defendant’s attorney of your intent to modify the No Contact Order. The attorney’s address can be obtained in Administration, Room 247. You must sign the Declaration of mailing on the last page of the motion.
*** IT IS YOUR RESPONSIBILITY TO SERVE/NOTIFY ALL PARTIES ***
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Unless directed by the Court, personal appearance is required. Failure to appear will NOT result in a warrant; however, the motion will be cancelled, and you will need to complete step 4 to have the motion rescheduled.
DISCLAIMER: Neither the court nor court personnel may give legal advice. This is not intended to be legal advice and is provided to you as information required by Washington state law, RCW 10.99.040. You are encouraged to consult with an attorney in the event you have any questions.
RESOURCES:
Hope Alliance - Lewis County Victim Assistance
Victim Information Notification Everyday - VINE 1-877-425-8463