A no-contact order in Washington State is a directive a judge issues in a criminal case that forbids the defendant from contacting or approaching a specific person, almost always the alleged victim. It takes effect the moment the judge signs it, binds only the restrained person, and stays in force even if the protected person reaches out first. Breaking it is a separate crime, punishable by up to 364 days in jail as a gross misdemeanor and up to five years in prison if it becomes a felony.
What the Order Actually Prohibits
Every no-contact order is written for the case it belongs to, so the exact terms vary. Under RCW 10.99.040, a judge can include any combination of the following:
- All forms of contact with the protected person and, in many cases, that person’s family or household members. This means direct contact, indirect contact, and contact through a third party. Phone calls, texts, emails, social media messages, letters, and asking a friend to pass along a message are all covered.
- Exclusion from a shared residence, and from the protected person’s workplace, school, or childcare facility.
- A minimum distance the defendant must keep from a specified location, person, or vehicle. The judge sets the distance case by case; there is no standard number.
- Any additional condition the judge considers necessary to reduce the risk of harm.1Washington State Legislature. RCW 10.99.040 Duties of Court No-Contact Order
Read the paper. The specific addresses, distances, and people covered are all listed on the written order, and assumptions about what the order covers are how violations happen.
If the Protected Person Contacts You
This is where people get in trouble without meaning to. The order restricts only the defendant. The protected person can call, text, show up, or reach out in any other way without any legal consequence to themselves. The instant the restrained person answers, replies, or engages, that response is a violation.
It doesn’t matter who reached out first. It doesn’t matter that the two of you agreed off the record to talk again. Only a judge can change the terms of the order, and informal agreements have no legal weight. If the protected person contacts you, hang up or stop reading and call your attorney. Trying to talk with the protected person about lifting the order can itself be treated as a separate criminal act if a prosecutor sees it as influencing a witness.
When These Orders Get Issued and How Long They Last
The most common trigger is a domestic violence arrest. RCW 10.99.040 requires the court to consider a no-contact order in every domestic violence case, and judges routinely enter one at arraignment as a condition of pretrial release. Courts can also attach a no-contact order to stalking, harassment, assault, and sexual offense cases whenever there is a specific alleged victim.
A no-contact order issued at the time of arrest, before formal charges are filed, expires at arraignment or within 72 hours if the prosecutor does not file charges, whichever comes first.1Washington State Legislature. RCW 10.99.040 Duties of Court No-Contact Order A pretrial order entered at arraignment stays in force for the entire criminal case. If the defendant is acquitted or the charges are dismissed, the order terminates automatically. On a conviction, the judge can impose a new or continued no-contact order as part of the sentence, and that post-conviction order can last for years depending on the offense.
Firearms Must Be Surrendered
A no-contact order can strip you of the right to possess firearms, and this catches people off guard. Under RCW 9.41.800, when a court issues a no-contact order under RCW 10.99.040 and finds by a preponderance of the evidence that the defendant used, displayed, or threatened to use a firearm in a felony, or is otherwise ineligible to possess firearms, the court must order the immediate surrender of all firearms, other dangerous weapons, and any concealed pistol license.2Washington State Legislature. RCW 9.41.800 Surrender of Weapons or Firearms Court Order Penalty If the order restrains the defendant from threatening or harassing an intimate partner or child and either includes a credible-threat finding or explicitly prohibits the use of physical force, the surrender is mandatory regardless of the felony finding.
Federal law compounds this. Under 18 U.S.C. ยง 922(g)(8), anyone subject to a qualifying protection order issued after a hearing with notice and an opportunity to participate, and that restrains them from harassing or threatening an intimate partner or child, is prohibited from possessing any firearm or ammunition.3Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts Violating the federal prohibition is a felony carrying up to 15 years in prison. At arraignment, Washington judges are required to review the defendant’s firearms purchase history and decide whether a weapons surrender order goes out alongside the no-contact order.1Washington State Legislature. RCW 10.99.040 Duties of Court No-Contact Order
Penalties for Violating the Order
Washington treats a violation as a standalone crime, separate from whatever charge produced the order in the first place. Under RCW 7.105.450, a willful violation of a no-contact order issued under chapter 10.99 is a gross misdemeanor.4Washington State Legislature. RCW 7.105.450 Enforcement and Penalties The maximum penalty is 364 days in county jail, a fine of up to $5,000, or both.5Washington State Legislature. Washington Code 9A.20 Classification of Crimes
The charge climbs to a Class C felony in two situations:
- The violation involved an assault. Any physical contact that amounts to assault during a violation elevates the charge automatically.
- The defendant has at least two prior convictions for violating no-contact orders, protection orders, or restraining orders under Washington statutes or equivalent orders from other jurisdictions.4Washington State Legislature. RCW 7.105.450 Enforcement and Penalties
A Class C felony carries up to five years in state prison and fines up to $10,000.6Washington State Legislature. RCW 9A.20.021 Maximum Sentences for Crimes Committed July 1, 1984, and After Each act of prohibited contact counts as its own offense, so an evening of back-and-forth texting can generate multiple charges.
Mandatory Arrest
Officers don’t have discretion. Under RCW 10.31.100, a police officer must arrest without a warrant any person 16 or older when the officer has probable cause to believe that person violated a no-contact order within the preceding four hours.7Washington State Legislature. RCW 10.31.100 Arrest Without Warrant Warnings are not on the table.
Your Release Can Be Revoked
Because a pretrial no-contact order is typically a condition of release, breaking it puts more than a new charge on the table. A willful violation of any release condition allows the court to revoke release entirely and order forfeiture of any posted bond. The violation must be proved by clear and convincing evidence at a hearing, but if the court makes that finding, the defendant can be held in custody for the remainder of the criminal case. A bench warrant may also issue if the defendant fails to appear for the violation hearing.
Changing or Ending the Order
Only a judge can modify or lift a no-contact order.1Washington State Legislature. RCW 10.99.040 Duties of Court No-Contact Order Nothing the two parties agree to on their own substitutes for a court order. The process starts with a written motion in the same court that issued the order.
Washington’s court system publishes downloadable forms for this purpose, including a specific motion form for modifying or rescinding a domestic violence no-contact order.8Washington State Courts. Court Forms No-Contact Orders and Modify/Rescind You’ll need the case number from the original order. The motion should explain what has changed and whether you’re asking for a full removal or only a modification of specific terms such as distance or communication.
Evidence of completed counseling or treatment can strengthen a request, though nothing guarantees the outcome. The protected person’s position weighs heavily. Courts are more willing to modify when the protected person supports the change, but a judge can refuse even when both sides agree if the court still sees a safety risk.
After filing, the clerk sets a hearing and gives instructions for serving the other party. Proof of service must be on file before the judge will proceed. Both sides get to speak at the hearing. If the judge grants the motion, a new order is signed and entered into the Washington State Patrol’s law enforcement database, replacing the previous terms. Until that new order is signed and filed, the original order remains fully enforceable, and violations in the gap between a favorable hearing and the paperwork are fully prosecutable.
Not the Same as a Civil Protection Order
A no-contact order under chapter 10.99 exists only inside a criminal case, driven by the prosecutor. A civil protection order under chapter 7.105 RCW is something an individual files on their own, and no criminal case has to exist for a judge to grant one. Both are enforceable, and both trigger the same penalty statute for violations, but the way they are issued and the way they are changed run on different tracks. If the order that concerns you was filed by an individual outside a criminal case, you’re looking at a civil protection order, not the criminal no-contact order described here.