No Contact Order Violation - WA
Updated: Jun 20, 2019
The prosecutor will need to prove at least that the defendant had notice of the protection order, that the order prohibited some type of behavior (usually limiting the distance a person can be near a person or a place), and the defendant acted in a way that violated the court's order.
Take for instance a no contact order where a defendant was prevented from going within 100 yards of their boyfriend's house. Their boyfriend may say that the defendant was at his house, but that usually is not enough for a violation. However, if the boyfriend and the neighbor say that the defendant was at the prohibited house then the case has some teeth. More evidence would essentially seal the defendant's fate. For example, a third witness may have seen the defendant leaving the prohibited property. A fourth witness may have seen the defendant driving towards the prohibited property before the alleged violation.
The defendant will provide the jury their alibi and thus explain that they were elsewhere when the alleged violation took place. A solid alibi tells their story of what happened the day of the allegation. The defendant will need to provide corroborating evidence of the alibi just as the prosecutor will provide corroborating evidence of the violation. For example, the defendant's brother may swear that the defendant was playing put-put golf with him when the alleged violation took place.
Their are limited exceptions to a no-contact violation, such as an emergency.
Please feel free to contact us if you have further questions or concerns.