LIFTING OR MODIFYING A DOMESTIC VIOLENCE NO CONTACT ORDER

Why should I call the Law Office of Erin Bradley McAleer to modify or lift my No Contact Order?

We are unique in that we contract with a Washington state certified domestic violence treatment and counseling agency to provide the court with a thorough and unbiased evaluation of your situation, including an interview with the alleged victim if s/he is available.  Rather than making a decision based only on the police report and recommendations from victim advocates and prosecutors, the court will have much more information to consider.  This can make the difference between up to 10 years of no contact with your family and the ability to lawfully return home.

Why do I have a No Contact Order?

When someone has been charged with a domestic violence offense, the judge will often put issue a No Contact Order.  This order prohibits any contact with the alleged victim.  That means no visits, phone calls, texts, social media, or other contact.  Even third parties like friends, family members, and attorneys may be prohibited from contacting the alleged victim on your behalf.

The imposition of a No Contact Order is based on RCW 10.99.040 which states in part: “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.”

Based on that law, you received a No Contact Order because the alleged victim stated that he or she is afraid of you.  But that is not always the case.  It can also be ordered based only on the police report without a statement from the alleged victim – even if the alleged victim says s/he is not afraid and doesn’t want it.

What happens if I violate a No Contact Order?

Violating a No Contact order is very serious.  At best it’s a misdemeanor and the violation can rise to the level of a felony.  Which can mean prison time.  If the court finds out that you have violated the order, you can expect to be arrested.  Again.

How can a No Contact Order be lifted or modified?

If a No Contact Order has been put in place anywhere in the state of Washington, the first thing we do is call the court and find the soonest date we can request relief in front of a judge.  You will need to be present at that court hearing.  Before the court date, we file a motion to modify or rescind (lift) the order.  That motion will contain the evaluation mentioned above and give the judge a more complete picture of your case.  Having an evaluation from a state certified domestic violence treatment provider can give the court a lot of information it would otherwise not have and can give you a better chance of returning to your family.

Call our office (360) 334-6277 today for a free consultation to discuss the specific facts of your case and the best method to return to your home and family.

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