Violation of Restraining Order Defense

Violating a restraining order, protection order, or no-contact order in Washington State is a serious criminal offense. At the Law Office of Erin Bradley McAleer, we provide experienced defense for individuals accused of violating court-issued protective orders in Clark County and throughout Southwest Washington.

It is important to understand that restraining orders are sometimes abused in the Washington court system. In some cases, the alleged victim initiates contact themselves, and when the defendant responds, they face arrest. Our attorneys understand these dynamics and will fight to protect your rights.

Types of Protective Orders in Washington

Protection Orders

Civil court filings where a petitioner seeks to restrain a respondent from abusive, threatening, exploitative, or alarming behavior. These are filed in civil court, involve associated court costs, and require multiple court forms. Court files are publicly available. The process typically involves a return hearing, service requirements on the respondent, and multiple courthouse visits (typically 2-5 hours each) before a judge reviews the case against the applicable legal standards.

No-Contact Orders

Requested by prosecutors in criminal cases to protect victims or witnesses. These orders are imposed as conditions of release and remain in effect during the criminal case. Violating a no-contact order is a separate criminal offense.

Restraining Orders

Requested by parties in existing domestic cases such as divorce, paternity, custody, or child support proceedings. These orders are issued within the context of the ongoing family law case.

Common Defense Strategies

• Lack of knowledge that the order existed or had been modified
• Accidental or incidental contact in a public place
• Contact initiated by the protected party
• Insufficient evidence of a willful violation
• Challenging the validity of the underlying order itself

How We Can Help

• Analyzing the specific terms of the protection order to identify defenses
• Demonstrating lack of willful intent or knowledge of the order
• Presenting evidence that the protected party initiated contact
• Negotiating charge reductions and pursuing dismissals
• Assisting with modification or removal of the underlying protection order

If you have been charged with violating a restraining order, contact McAleer Law today for a consultation. We will review the order, the alleged violation, and build a defense strategy to protect your rights.