In addition to being imposed at the outset of a domestic violence case, restraining orders are often made part of the court’s sentence upon conviction of a domestic violence related offense. Whether or not a continuing Restraining Order is imposed as a condition of the DV sentence will be determined by a number of factors:
- wishes of the victim
- recommendation of the victim’s advocate
- recommendation of the prosecuting attorney
- policies and standards of the sentencing court
- defendant’s progress in domestic violence and/or drug and alcohol treatment
- the severity of the underlying facts of the case
- crime for which defendant has been convicted
If a Restraining Order is imposed as a condition of the sentence, to violate that order would constitute a violation of probation and would likely result in additional penalties being imposed upon a review hearing. Additionally, separate criminal charges would likely be filed of either Violation of a No Contact Order or Felony Violation of a No Contact Order, depending upon the circumstances.
Our Washington No Contact Order section gives a much greater treatment on the subject of restraining orders. And review steps you can take to protect your self in the Self Help Guide and NCO: Sword or Shield sections of this website. Understand that if you are convicted of a domestic violence crime, a continuing no contact order is a very real possibility upon sentencing. Also, know that there is a great deal that can be done in advance to avoid this outcome. Contact one of the Washington Domestic Violence lawyers at Milios Defense for more information.