Washington Request to Rescind No Contact Order

State:
Washington
Control #:
WA-SKU-0454
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Description

Request to Rescind No Contact Order

Washington Request to Rescind No Contact Order is a legal process in which a person can seek to have a no contact order (NCO) issued against them removed or “rescinded”. The NCO is a court order which prohibits a person from having contact with another person, or visiting certain locations. Depending on the circumstances, an NCO can be issued on a temporary or permanent basis. There are two types of Washington Request to Rescind No Contact Orders: expertte” and “post hearing”. An ex-parte request is a request to have the NCO rescinded without the other party being present. A post hearing request is a request to have the NCO rescinded after a hearing in which both parties were present. In order to successfully request to have an NCO rescinded, the petitioner must provide evidence that the NCO is no longer necessary or that the circumstances have changed. The petitioner must also demonstrate that it is in the best interest of justice to have the NCO rescinded and that their request is not frivolous or a mere attempt to circumvent the law. The court will then decide whether to grant the request.

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FAQ

If you already have a Violence Restraining Order and you want to lodge a further document on that matter, such as a Restraining Order Application to Vary or Cancel, this can be done in person at a Magistrates Court Registry or through eLodgment in the eCourts Portal.

Only the judge can modify or remove a No Contact Order. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order.

Duration of order: Stalking Protection Order: 14 days for a temporary order; Stalking Protection Order duration is then determined by the court for a fixed period of time or permanent. Stalking No-Contact Order: 5 years for a final Stalking No-Contact Order.

Temporary orders last for a fixed period of up to 14 days. If the court permits service of the abuser by publication or mail, the order will last for a fixed period up to 24 days. Your ex parte temporary order should clearly state the expiration date. Final order for protection.

You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order."

You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order."

No Contact Orders May be issued in criminal cases involving domestic violence prohibiting a defendant from contacting victims of or witnesses to such a crime. A No Contact Order may be issued despite a victim's or witness's objection to it. The order can be in place as long as the case being handled by the court.

A notice of appeal must be filed in the trial court within the longer of (1) 30 days after the entry of the decision of the trial court which the party filing the notice wants reviewed, or (2) the time provided by statute as described in RAP 5.2e.

More info

FormTitleRevisedNC 02. How and when should an alleged victim ask to remove a No Contact Order entered as part of a criminal case?Violence No Contact Order". Only the judge can modify or remove a No Contact Order. You may now request a change to or cancel a domestic violence no contact order (NCO) online. I request that the court enter an order to modify (replace) rescind the Domestic Violence No-Contact Order signed on . Requests for a modifica- tion or rescission of a no contact order in which the protected party is a minor are to be done pursuant to probation guidelines. Do not hesitate to file a request for a no contact order if you feel it is necessary, even if you've had a no contact order modified or rescinded. Before the court date, we file a motion to modify or rescind (lift) the order. A no contact order is in effect from the moment the judge grants the order.

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Washington Request to Rescind No Contact Order