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What Is a No-Contact Order? + The Information Below + For Your Help ( Call 911 )

An often implemented part of separation and divorce proceedings is court intervention concerning the contact one party is allowed to have with the other party or any children involved. No-contact orders can also come into play in the ordinary course of non-family related restraining orders (called "injunctions" in some states). When there is sufficient grounds for it, the court may issue such an order dictating that a party not be in contact with other individuals.DefinedA no-contact order prohibits somebody from being in physical or telephone contact with somebody else. In most cases, the court must specifically express the distance the restrained party must keep from the other. Usually the distance is a matter of feet or yards inasmuch as courts are limited as to restricting the physical freedom of non-detained individuals (those who are not in jail).Why No-Contact Orders are UsedNo-contact orders are utilized when one party fears for her personal safety or that of those around her. This can be due to actual or threatened domestic abuse issues in family law scenarios, or actual or threatened violence, in any other situation.ImplementationIn most states, the aggrieved party (the person afraid for her safety) petitions the court for an emergency injunction or temporary restraining order. Courts will almost unanimously issue these emergency orders, to include no-contact, until a full hearing can be had on the matter.

Usually within 30 days, the court will have an evidentiary hearing concerning whether the no-contact order should remain in place, and, if so, for how long. In most states, the issuance of an emergency or permanent no-contact order will prohibit the offending party from being in possession of fire arms until the order is lifted.How Long They LastThe length of a no-contact order differs based on state laws and the severity of the circumstances. Courts are generally reluctant to issue a permanent no-contact order, unless there exists a real and ongoing threat to somebody's safety. This will usually only arrive when the offending party is deemed mentally unstable or has committed crimes of violence in the past.

In family and divorce cases, most no-contact orders will last for the duration of the court proceedings, and, if warranted, for a specified period beyond. This is to allow a "cooling time" between the parties so that both can regather their thoughts and get on with their lives.When the Order is BrokenA no-contact order has the effect of law. As such, if somebody violates a no-contact order, she may be guilty of a misdemeanor or felony (depending on the state), but--at the very least--she will be in contempt of court. Either way, it can mean a jail sentence for the offending party.Order can be LiftedRelief from a no-contact order can be made by petition to the court by the offending party, or by request of the aggrieved party. A court is under no obligation to lift the order if it deems a threat still exists. Barring an early termination of the order, a no-contact order is in place until specified by the court in the actual (i.e. 30 days, one year, permanent, etc.). 

NEW - Policy Allowing Victims of Domestic Violence to Request a Modification or Rescission of No-Contact Order (NCO) - Effective 1/1/2011 Superior Court has adopted a policy allowing victims of domestic violence to request a modification or rescission of a No-Contact Order (NCO).  The policy implements recent legislation and is effective immediately.  Statutory authority:  RCW 10.99.040.  The policy, instructions and forms are on the criminal court page.

Modification or Rescission of a No-Contact Order (NCO)
Form Title  
Policy and Procedures to request Rescission or Modification of No-Contact Order .pdf  
Instructions for Scheduling Hearings for Rescission or Modification of No-Contact Order .pdf  
Note for Hearing-Issue of Law .pdf  
Motion to Modify/Rescind Domestic Violence No-Contact Order .pdf

Chapter 10.99 RCWDomestic violence — official response Complete Chapter

RCW Sections

10.99.010 Purpose -- Intent.
10.99.020 Definitions.
10.99.030 Law enforcement officers -- Training, powers, duties -- Domestic violence reports.
10.99.040 Duties of court -- No-contact order.
10.99.045 Appearances by defendant -- Defendant's history -- No-contact order.
10.99.050 Victim contact -- Restriction, prohibition -- Violation, penalties -- Written order -- Procedures -- Notice of change.
10.99.055 Enforcement of orders.
10.99.060 Prosecutor's notice to victim -- Description of available procedures.
10.99.070 Liability of peace officers.
10.99.080 Penalty assessment.
10.99.090 Policy adoption and implementation.
10.99.100 Sentencing -- Factors -- Defendant's criminal history.
10.99.900 Severability -- 1979 ex.s. c 105.
10.99.901 Construction -- Chapter applicable to state registered domestic partnerships -- 2009 c 521.Notes:
Arrest without warrant in domestic violence cases: RCW 10.31.100(2). Domestic violence prevention: Chapter 26.50 RCW.

Rape crisis centers: Chapters 70.123 and 70.125 RCW.

Shelters for victims of domestic violence: Chapter 70.123 RCW.

Victims, survivors, and witnesses of crimes: Chapter 7.69 RCW.

RCW 10.99.040 Duties of court — No-contact order. (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

     (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

     (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

     (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

     (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

     (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 before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. 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.

     (b) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

     (c) The no-contact order shall also be issued in writing as soon as possible. By January 1, 2011, 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.

     (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. 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.

     (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is punishable under RCW 26.50.110.

     (b) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order."

     (c) A certified copy of the order shall be provided to the victim.

     (5) If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

     (6) Whenever a no-contact order is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated under subsection (3) of this section, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.

     (7) All courts shall develop policies and procedures by January 1, 2011, to grant victims a process to modify or rescind a no-contact order issued under this chapter. The administrative office of the courts shall develop a model policy to assist the courts in implementing the requirements of this subsection.

Notes:
     Intent -- 2010 c 274: See note following RCW 10.31.100.

     Application -- 2000 c 119: See note following RCW 26.50.021

     Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357

     Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060

     Severability -- 1995 c 246: See note following RCW 26.50.010

     Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540

     Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010

     Finding -- 1991 c 301: See note following RCW 10.99.020

     Effective date -- Severability -- 1984 c 263: See RCW 26.50.901 and 26.50.902

     Severability -- 1983 c 232: See note following RCW 9.41.010.

Child abuse, temporary restraining order: RCW 26.44.063.

Orders for protection in cases of domestic violence: RCW 26.50.030, 26.50.070.

Temporary restraining order: RCW 26.09.060.

[2010 c 274 § 309; 2000 c 119 § 18; 1997 c 338 § 54; 1996 c 248 § 7; 1995 c 246 § 23; 1994 sp.s. c 7 § 449; 1992 c 86 § 2; 1991 c 301 § 4; 1985 c 303 § 10; 1984 c 263 § 22; 1983 c 232 § 7; 1981 c 145 § 6; 1979 ex.s. c 105 § 4.]

=============================================================

(3) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

(4) "Dating relationship" has the same meaning as in RCW 26.50.010.

RCW 26.50.010 Definitions. As used in this chapter, the following terms shall have the meanings given them:

     (1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.

     (2) "Family or household members" means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

     (3) "Dating relationship" means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

     (4) "Court" includes the superior, district, and municipal courts of the state of Washington.

     (5) "Judicial day" does not include Saturdays, Sundays, or legal holidays.

     (6) "Electronic monitoring" means a program in which a person's presence at a particular location is monitored from a remote location by use of electronic equipment.

     (7) "Essential personal effects" means those items necessary for a person's immediate health, welfare, and livelihood. "Essential personal effects" includes but is not limited to clothing, cribs, bedding, documents, medications, and personal hygiene items.

Notes:
     Part headings not law -- Severability -- 2008 c 6: See RCW 26.60.900 and 26.60.901.

     Short title -- Severability -- 1999 c 184: See RCW 26.52.900 and 26.52.902

     Severability -- 1995 c 246: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 c 246 § 40.] 

     Findings -- 1992 c 111: See note following RCW 26.50.030

     Finding -- 1991 c 301: See note following RCW 10.99.020.

Domestic violence offenses defined: RCW 10.99.020.

[2008 c 6 § 406; 1999 c 184 § 13; 1995 c 246 § 1. Prior: 1992 c 111 § 7; 1992 c 86 § 3; 1991 c 301 § 8; 1984 c 263 § 2.]

============================================================

(q) Unlawful imprisonment (RCW 9A.40.040);

     (r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location (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);

RCW 9A.40.040Unlawful imprisonment. (1) A person is guilty of unlawful imprisonment if he knowingly restrains another person.

     (2) Unlawful imprisonment is a class C felony.

[1975 1st ex.s. c 260 § 9A.40.040.]

(v) Stalking (RCW 9A.46.110); and

RCW 9A.46.110Stalking. (1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

     (a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and

     (b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and

     (c) The stalker either:

     (i) Intends to frighten, intimidate, or harass the person; or

     (ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

     (2)(a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and

     (b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person.

     (3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator acting within the capacity of his or her license as provided by chapter 18.165 RCW.

     (4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.

     (5)(a) Except as provided in (b) of this subsection, a person who stalks another person is guilty of a gross misdemeanor.

     (b) A person who stalks another is guilty of a class C felony if any of the following applies: (i) The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a protective order; (ii) the stalking violates any protective order protecting the person being stalked; (iii) the stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person; (iv) the stalker was armed with a deadly weapon, as defined in *RCW 9.94A.602, while stalking the person; (v)(A) the stalker's victim is or was a law enforcement officer; judge; juror; attorney; victim advocate; legislator; community corrections' officer; an employee, contract staff person, or volunteer of a correctional agency; or an employee of the child protective, child welfare, or adult protective services division within the department of social and health services; and (B) the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim's performance of official duties; or (vi) the stalker's victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony.

     (6) As used in this section:

     (a) "Correctional agency" means a person working for the department of natural resources in a correctional setting or any state, county, or municipally operated agency with the authority to direct the release of a person serving a sentence or term of confinement and includes but is not limited to the department of corrections, the indeterminate sentence review board, and the department of social and health services.

     (b) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.

     (c) "Harasses" means unlawful harassment as defined in RCW 10.14.020.

     (d) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.

     (e) "Repeatedly" means on two or more separate occasions.

Notes:
     *Reviser's note: RCW 9.94A.602 was recodified as RCW 9.94A.825 pursuant to 2009 c 28 § 41.

     Findings--Intent -- 2006 c 95: See note following RCW 74.04.790

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180

     Intent -- 1999 c 27: See note following RCW 9A.46.020

     Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020

     Severability -- 1992 c 186: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1992 c 186 § 10.]

[2007 c 201 § 1; 2006 c 95 § 3; 2003 c 53 § 70. Prior: 1999 c 143 § 35; 1999 c 27 § 3; 1994 c 271 § 801; 1992 c 186 § 1.]

(w) Interference with the reporting of domestic violence (RCW 9A.36.150).

RCW 9A.36.150 Interfering with the reporting of domestic violence. (1) A person commits the crime of interfering with the reporting of domestic violence if the person:

     (a) Commits a crime of domestic violence, as defined in RCW 10.99.020; and

     (b) Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.

     (2) Commission of a crime of domestic violence under subsection (1) of this section is a necessary element of the crime of interfering with the reporting of domestic violence.

     (3) Interference with the reporting of domestic violence is a gross misdemeanor.

[1996 c 248 § 3.]

 Findings -- Intent--2004 c 18: "The legislature reaffirms its determination to reduce the incident rate of domestic violence. The legislature finds it is appropriate to help reduce the incident rate of domestic violence by addressing the need for improved coordination and accountability among general authority Washington law enforcement agencies and general authority Washington peace officers when reports of domestic violence are made and the alleged perpetrator is a general authority Washington peace officer. The legislature finds that coordination and accountability will be improved if general authority Washington law enforcement agencies adopt policies that meet statewide minimum requirements for training, reporting, interagency cooperation, investigation, and collaboration with groups serving victims of domestic violence. The legislature intends to provide maximum flexibility to general authority Washington law enforcement agencies, consistent with the purposes of this act, in their efforts to improve coordination and accountability when incidents of domestic violence committed or allegedly committed by general authority Washington peace officers are reported." [2004 c 18 § 1.]

Finding -- 1991 c 301: "The legislature finds that:

     The collective costs to the community for domestic violence include the systematic destruction of individuals and their families, lost lives, lost productivity, and increased health care, criminal justice, and social service costs.

     Children growing up in violent homes are deeply affected by the violence as it happens and could be the next generation of batterers and victims.

     Many communities have made headway in addressing the effects of domestic violence and have devoted energy and resources to stopping this violence. However, the process for breaking the cycle of abuse is lengthy. No single system intervention is enough in itself.

     An integrated system has not been adequately funded and structured to assure access to a wide range of services, including those of the law/safety/justice system, human service system, and health care system. These services need to be coordinated and multidisciplinary in approach and address the needs of victims, batterers, and children from violent homes.

     Given the lethal nature of domestic violence and its effect on all within its range, the community has a vested interest in the methods used to stop and prevent future violence. Clear standards of quality are needed so that perpetrator treatment programs receiving public funds or court-ordered referrals can be required to comply with these standards.

     While incidents of domestic violence are not caused by perpetrator's use of alcohol and illegal substances, substance abuse may be a contributing factor to domestic violence and the injuries and deaths that result from it.

     There is a need for consistent training of professionals who deal frequently with domestic violence or are in a position to identify domestic violence and provide support and information.

     Much has been learned about effective interventions in domestic violence situations; however, much is not yet known and further study is required to know how to best stop this violence." [1991 c 301 § 1.]

Chapter 10.99 RCW Domestic violence — official response Complete Chapter

RCW Sections

10.99.010 Purpose -- Intent.
10.99.020 Definitions.
10.99.030 Law enforcement officers -- Training, powers, duties -- Domestic violence reports.
10.99.040 Duties of court -- No-contact order.
10.99.045 Appearances by defendant -- Defendant's history -- No-contact order.
10.99.050 Victim contact -- Restriction, prohibition -- Violation, penalties -- Written order -- Procedures -- Notice of change.
10.99.055 Enforcement of orders.
10.99.060 Prosecutor's notice to victim -- Description of available procedures.
10.99.070 Liability of peace officers.
10.99.080 Penalty assessment.
10.99.090 Policy adoption and implementation.
10.99.100 Sentencing -- Factors -- Defendant's criminal history.
10.99.900 Severability -- 1979 ex.s. c 105.
10.99.901 Construction -- Chapter applicable to state registered domestic partnerships -- 2009 c 521.Notes:
Arrest without warrant in domestic violence cases: RCW 10.31.100(2). Domestic violence prevention: Chapter 26.50 RCW.

Rape crisis centers: Chapters 70.123 and 70.125 RCW.

Shelters for victims of domestic violence: Chapter 70.123 RCW.

Victims, survivors, and witnesses of crimes: Chapter 7.69 RCW.

RCW 10.99.020Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.

     (2) "Association" means the Washington association of sheriffs and police chiefs.

     (3) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

     (4) "Dating relationship" has the same meaning as in RCW 26.50.010.

     (5) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

     (a) Assault in the first degree (RCW 9A.36.011);

     (b) Assault in the second degree (RCW 9A.36.021);

     (c) Assault in the third degree (RCW 9A.36.031);

     (d) Assault in the fourth degree (RCW 9A.36.041);

     (e) Drive-by shooting (RCW 9A.36.045);

     (f) Reckless endangerment (RCW 9A.36.050);

     (g) Coercion (RCW 9A.36.070);

     (h) Burglary in the first degree (RCW 9A.52.020);

     (i) Burglary in the second degree (RCW 9A.52.030);

     (j) Criminal trespass in the first degree (RCW 9A.52.070);

     (k) Criminal trespass in the second degree (RCW 9A.52.080);

     (l) Malicious mischief in the first degree (RCW 9A.48.070);

     (m) Malicious mischief in the second degree (RCW 9A.48.080);

     (n) Malicious mischief in the third degree (RCW 9A.48.090);

     (o) Kidnapping in the first degree (RCW 9A.40.020);

     (p) Kidnapping in the second degree (RCW 9A.40.030);

     (q) Unlawful imprisonment (RCW 9A.40.040);

     (r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location (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);

     (s) Rape in the first degree (RCW 9A.44.040);

     (t) Rape in the second degree (RCW 9A.44.050);

     (u) Residential burglary (RCW 9A.52.025);

     (v) Stalking (RCW 9A.46.110); and

     (w) Interference with the reporting of domestic violence (RCW 9A.36.150).

     (6) "Employee" means any person currently employed with an agency.

     (7) "Sworn employee" means a general authority Washington peace officer as defined in RCW 10.93.020, any person appointed under RCW 35.21.333, and any person appointed or elected to carry out the duties of the sheriff under chapter 36.28 RCW.

     (8) "Victim" means a family or household member who has been subjected to domestic violence.

Notes:
     Findings -- Intent--2004 c 18: "The legislature reaffirms its determination to reduce the incident rate of domestic violence. The legislature finds it is appropriate to help reduce the incident rate of domestic violence by addressing the need for improved coordination and accountability among general authority Washington law enforcement agencies and general authority Washington peace officers when reports of domestic violence are made and the alleged perpetrator is a general authority Washington peace officer. The legislature finds that coordination and accountability will be improved if general authority Washington law enforcement agencies adopt policies that meet statewide minimum requirements for training, reporting, interagency cooperation, investigation, and collaboration with groups serving victims of domestic violence. The legislature intends to provide maximum flexibility to general authority Washington law enforcement agencies, consistent with the purposes of this act, in their efforts to improve coordination and accountability when incidents of domestic violence committed or allegedly committed by general authority Washington peace officers are reported." [2004 c 18 § 1.]

     Application -- 2000 c 119: See note following RCW 26.50.021

     Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357

     Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060

     Severability -- 1995 c 246: See note following RCW 26.50.010

     Finding -- 1991 c 301: "The legislature finds that:

     The collective costs to the community for domestic violence include the systematic destruction of individuals and their families, lost lives, lost productivity, and increased health care, criminal justice, and social service costs.

     Children growing up in violent homes are deeply affected by the violence as it happens and could be the next generation of batterers and victims.

     Many communities have made headway in addressing the effects of domestic violence and have devoted energy and resources to stopping this violence. However, the process for breaking the cycle of abuse is lengthy. No single system intervention is enough in itself.

     An integrated system has not been adequately funded and structured to assure access to a wide range of services, including those of the law/safety/justice system, human service system, and health care system. These services need to be coordinated and multidisciplinary in approach and address the needs of victims, batterers, and children from violent homes.

     Given the lethal nature of domestic violence and its effect on all within its range, the community has a vested interest in the methods used to stop and prevent future violence. Clear standards of quality are needed so that perpetrator treatment programs receiving public funds or court-ordered referrals can be required to comply with these standards.

     While incidents of domestic violence are not caused by perpetrator's use of alcohol and illegal substances, substance abuse may be a contributing factor to domestic violence and the injuries and deaths that result from it.

     There is a need for consistent training of professionals who deal frequently with domestic violence or are in a position to identify domestic violence and provide support and information.

     Much has been learned about effective interventions in domestic violence situations; however, much is not yet known and further study is required to know how to best stop this violence." [1991 c 301 § 1.] 

     Severability -- 1986 c 257: See note following RCW 9A.56.010

     Effective date -- 1986 c 257 §§ 3-10: See note following RCW 9A.04.110

     Effective date -- Severability -- 1984 c 263: See RCW 26.50.901 and 26.50.902.

Domestic violence defined under the Domestic Violence Prevention Act: RCW 26.50.010.

[2004 c 18 § 2; 2000 c 119 § 5; 1997 c 338 § 53; 1996 c 248 § 5; 1995 c 246 § 21; 1994 c 121 § 4; 1991 c 301 § 3; 1986 c 257 § 8; 1984 c 263 § 20; 1979 ex.s. c 105 § 2.]

No-Contact Orders

FormTitleDownloadRevised
WPF CR 84.0420 Domestic Violence No-Contact Order (Felony) (NOCON, ORNC) [set to expire on 1/1/2011, 12:00 a.m.]   07/2007
WPF CR 84.0430 Harassment No-Contact Order   06/2006
WPF CR 84.0440 Sexual Assault Protection Order (Criminal/Felony)   06/2006
CrRLJ 07.0900 Domestic Violence No-Contact Order (Misdemeanor) (NOCON, ORNC) [set to expire on 1/1/2011, 12:00 a.m.]   06/2010
CrRLJ 07.0950 Harassment No-Contact Order (NOCON)   06/2006
CrRLJ 07.0970 Sexual Assault Protection Order   06/2006
WPF NC 02.0100 Domestic Violence No-Contact Order   01/2011
NC 02.0500 Protected Person’s Motion to Modify/Rescind Domestic Violence No-Contact Order   01/2011
NC 02.0600 Notice of Hearing (for Protected Person's Motion to Modify/Rescind Domestic Violence No-Contact Order)   02/2011
NC 02.0700 Order Denying Hearing   01/2011
NC 02.0800 Order re Motion to Modify/ Rescind Domestic Violence No-Contact Order   01/2011

Note: Additional documents may be required by local county superior court rules.

Important: To obtain legal advice you should hire a lawyer (for “full service” representation or for “limited” representation) or, if you cannot afford one, contact a low cost or free legal service program. For a referral to a lawyer or a legal service program, call CLEAR (888) 201-1014. If you are the victim of domestic violence, you may also obtain assistance from the Domestic Violence Hotline (800) 562-6025. Your county may also have a courthouse facilitator who cannot provide legal advice, but who can offer limited assistance in completing necessary paperwork. This list of forms is not legal advice and is provided only for reference purposes.



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