How to Get a Domestic Violence No Contact Order Lifted

Find out if you can get your no contact order lifted or reduced.

Domestic violence offenses are criminal acts by one family or household member against another. A no contact order (NCO) restricts the ability of a defendant to contact a victim when domestic violence has been alleged. An NCO remains in effect while a domestic violence case is pending. The defendant is prohibited from contacting the victim in any manner, whether by phone, in person, in writing, or through a third party. NCOs usually prohibit a defendant’s ability to come within a certain distance of the victim’s residence, workplace, or school.

Prosecutors in criminal courts request NCOs for domestic violence victims after criminal charges have been brought against their abusers. After an NCO has been issued, only a judge has the authority to lift the order. If the victim wants to cancel the NCO, he or she must petition the Court to lift it. A pre-trial no contact order is an NCO issued against a defendant even before he or she has been convicted for doing something wrong. A pre-trial NCO stays in place until the criminal case is resolved or a judge specifically orders it to be lifted. A post-conviction no contact order is issued after a criminal conviction, as its name suggests. Post-conviction no contact orders typically last one year.

It can be difficult to have an NCO lifted. One common strategy for getting an NCO lifted is to have the defendant evaluated by a domestic violence counselor at a treatment agency. The counselor would have to be willing to tell the judge that the defendant wouldn’t pose a danger to the victim if the NCO were lifted. An NCO could also be modified to allow for marriage counseling.

How to Avoid the Issuance of an NCO

Even if the victim doesn’t want an NCO to be issued, the Court will probably issue one anyway. The alleged victim may not want a no contact order issued if he or she doesn’t fear the defendant and there is no history of violence between them. If a victim doesn’t want an NCO to be issued, he or she ought to hire a lawyer. A Seattle domestic violence attorney can help the victim convince the court not to impose an NCO.

If an NCO has been issued against you, you should take it very seriously. Violating an NCO is a crime, even if the victim doesn’t want the order in place or the victim comes into contact with you first. If the alleged victim continues to contact you even after an NCO is issued, he or she will not get into any trouble. If you respond to the victim’s attempts to contact you, however, it will be considered a violation of the order.

If the court issues an NCO against you that prevents you from contacting someone you live with, you will have to make other housing arrangements. If you need to return home to retrieve some of your belongings, you can do so by requesting a civil standby order, which allows you to enter your home for a short period of time under the supervision of a law enforcement escort to pick up your belongings.

Consequences of Violating a No Contact Order

You could face many consequences if you violate a no contact order. Under certain circumstances, a no contact order violation could be considered a felony. Don’t risk violating a no contact order for any reason. If you need to contact the alleged victim, get in touch with a domestic violence lawyer in Seattle for advice about your particular situation.

Contact a Seattle Domestic Violence Attorney If You Are Facing a No Contact Order

If you are facing an NCO, speak with a Seattle domestic violence lawyer. An attorney who has experience handling domestic violence cases in Washington State can educate you about your rights and options. Please call 206.209.0608 or contact Baker, Lewis, Schwisow & Laws, PLLC online for a free consultation. We will do everything in our power to help you petition the courts and have a no contact order lifted or modified.