Understanding the Difference Between a No-Contact Order and a DVPO in Washington State

When dealing with domestic violence in Washington State, the legal system utilizes different types of orders to keep individuals safe. The two most common are the Domestic Violence Protection Order (DVPO) and the Criminal No-Contact Order (NCO). While they both serve the purpose of preventing an abuser from contacting or coming near a victim, they originate in entirely different courts and have completely different legal standards. Confusing the two can lead to severe legal consequences or missed opportunities for protection.

Because the overlap between civil family law and criminal defense is complex, we strongly suggest using our USA Lawyers catalog to find an attorney who understands both Washington civil protection orders and criminal defense strategies.

The Core Differences in Washington State

Whether an incident occurs in Bellevue, Everett, or Vancouver, Washington state courts draw a sharp line between civil and criminal jurisdictions. For example, a criminal case might be handled by the Clark County District Court, Vancouver, while the civil DVPO is simultaneously heard in a superior court.

Who Initiates the Order? (Prosecutor vs. Victim)

The most fundamental difference is who asks the court for the order. A Civil DVPO, governed by Wash. Rev. Code § 7.105.100, is initiated directly by the victim (the petitioner). The victim decides whether to file the paperwork, what protections to ask for, and can later ask the court to dismiss it. Conversely, a Criminal No-Contact Order (NCO) is governed by Wash. Rev. Code § 10.99.040. It is initiated by the State (the prosecutor) following a criminal arrest for a domestic violence offense. Even if the victim does not want the NCO, the prosecutor can and often will request the judge to put it in place.

Evidentiary Standards

Because the NCO is tied to a criminal charge, the underlying crime must eventually be proven 'beyond a reasonable doubt.' However, the issuance of the NCO itself during an arraignment only requires a judge to find probable cause that a crime occurred and that the order is necessary for public safety. On the civil side, under Wash. Rev. Code § 7.105.225, obtaining a full DVPO requires a lower burden of proof: a 'preponderance of the evidence.' This means the victim only needs to show that it is more likely than not that domestic violence occurred, an evidentiary standard affirmed in cases like Spence v. Kaminski, 103 Wash. App. 325 (WA Court of Appeals 2000).

Can a Respondent Face Both Orders at Once?

Absolutely. It is very common in Washington State for a respondent to face both a criminal NCO and a civil DVPO at the exact same time. If a person is arrested for assault, the criminal judge will likely issue an NCO. Simultaneously, the victim can go to family court and obtain a DVPO to secure temporary child custody, financial support, or the surrender of firearms-protections that an NCO often does not comprehensively cover. If the terms of the two orders conflict, the more restrictive order always controls.

How Much Does it Cost to Defend or File?

The costs depend heavily on which side of the case you are on and which type of order is in play.

• For the Victim: Filing for a Civil DVPO is completely free. There are no court fees. However, hiring a private lawyer to help present the case usually costs between $2,000 and $5,000 for representation at the final hearing.
• For the Respondent (Criminal Defense): Defending against the underlying criminal charge that triggered the NCO is expensive. Criminal defense attorneys in Washington typically charge a flat fee ranging from $3,500 to $10,000+ for a misdemeanor domestic violence case.
• Violations: Violating either order is a criminal offense, which can lead to fines up to $5,000 and up to 364 days in jail for a gross misdemeanor.

How Long Do These Orders Last?

The timeline varies significantly between the two. A Civil DVPO generally lasts for one year, though judges have the authority to make them last for multiple years or even permanently, depending on the severity of the abuse. A Criminal NCO usually lasts for the duration of the criminal case. If the respondent is convicted, the judge can extend the NCO as part of the sentence, often lasting for 2 to 5 years while the person completes probation and domestic violence treatment programs.

Frequently Asked Questions (FAQ)