DV No Contact Order FAQs

A: RCW 10.99.040 provides that because of the likelihood of repeated violence, the court may issue a no contact order when any person is arrested or charged with a domestic violence offense.

A: It is ultimately the judge's decision whether to issue a domestic violence no contact order. It is important to remember that the order is against the defendant and it is their responsibility to abide by the order. If the defendant engages in any communication, even if the defendant did not initiate the communication, they may face serious penalties including revocation of release, contempt of court and additional criminal charges.

A: You must first read the No-Contact Order Lift Instructions then file a completed Protected Person's Motion to Modify/Rescind Domestic Violence No-Contact Order and Protected Persons Address Form. Completed requests must be emailed to smc_fax_records@seattle.gov or filed with the Records Office located on the 3rd floor of the Seattle Municipal Court, 600 5th Avenue, Seattle, WA. Be sure to fill in the address form and check the box indicating how you wish to be notified if a hearing is granted. Once received, the judge will review your request. If a hearing is scheduled, the protected party, the defendant, and the attorneys will be notified of the hearing date and you will have an opportunity to talk to the judge and explain why the order should be canceled or changed.

A: Judges in Seattle Municipal Court cannot change or cancel orders issued by another court. The requesting party must go to each court individually to request that an order be changed or cancelled. Unless all orders have been cancelled, the defendant remains in danger of being charged with a new crime if any contact occurs.

A: Typically, requests to change or cancel no contact orders are heard on Mondays, 1:30 p.m., courtroom 1003 and on the 1st and 3rd Thursday of each month, 10:00 a.m., courtroom 1103. Your request should include any relevant information that you would like the court to consider. This may include dates of availability. Although the court may consider your request, there is no guarantee that a hearing on the date requested will be granted.

A: Please include any special needs or accommodations in your request. For instance, if you need an interpreter, please indicate the language. The court will make every effort to accommodate special needs.

A: The defendant has a right to be present at the hearing. However, the defendant is not required to appear at this hearing and also has the right to not attend unless required by the court.

A: You have the right to be represented by legal counsel whenever you wish. Neither the prosecutor nor the attorney for the defendant can represent you, and the court cannot appoint an attorney for you.

A: If a hearing is granted, the court will listen to the reasons why you want to change or cancel the no contact order. The court may also hear from the defendant and probation officer. If you fail to appear, your request may be denied. You are not allowed to discuss the facts of the case at this hearing as this will be discussed at a different hearing. You may be asked if you have a safety plan in place. Please bring your identification with you.

A: The court will consider many factors when deciding whether to change or cancel the order, including:

• whether the defendant has a criminal history or history of domestic violence
• whether the defendant has a history of violating court orders, including warrants
• the nature of the offense
• the status of the case
• the defendant's compliance with the conditions of release or probation
• whether there are new violations
• factors indicating future violence
• any other relevant information