Close

No-Contact and Restraining Orders in Seattle Divorce and Family Law

In Seattle and across King County, no-contact orders and restraining orders are critical legal tools often used in the context of divorce, legal separation, and child custody disputes. Though frequently associated with criminal cases, these orders are also central to protecting individuals in civil family law matters, particularly in high-conflict cases involving allegations of abuse, threats, or harassment.

Whether you're seeking court protection from a current or former spouse, or you've been served with an order that limits your ability to contact your family, it is essential to understand how these orders work, how they are enforced, and how they can affect your legal rights during a divorce.

Courts in King County may issue these orders to protect spouses, domestic partners, children, or other household members. In family law cases, they can have an immediate and far-reaching impact on parenting plans, residential time, property access, and even your ability to remain in the marital home while the case is pending.

Violating one of these orders—intentionally or not—can carry serious legal consequences, including arrest, contempt of court, or even criminal prosecution. Whether you're seeking a restraining order or defending against a no-contact order issued against you, it's vital to understand their differences, legal basis, and long-term effects.

The Difference Between No-Contact Orders and Restraining Orders in Washington State

Although they are often confused, no-contact orders and restraining orders serve very different legal functions and arise under separate legal frameworks.

1. No-Contact Orders – Criminal Proceedings

A no-contact order is issued as part of a criminal case, typically following an arrest for domestic violence, assault, or a similar charge. These orders prohibit the accused person from having any contact whatsoever with the protected party. That includes contact in person, by phone, text, email, social media, or even through third parties.

Under RCW 10.99.040(2)(a):

“Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody, the court authorizing the release may prohibit that person from having any contact with the victim and others.”

Read the full statute – RCW 10.99.040

No-contact orders are common pretrial conditions of release and can also be imposed as part of a sentence. Violating a no-contact order is a criminal offense, regardless of whether the protected person initiates contact or consents to interaction. Only the court can lift or modify the order.

2. Restraining Orders – Family Law and Civil Relief

A restraining order is a civil order issued in family law cases—most often during divorce, legal separation, or custody proceedings. These orders are broader in scope than no-contact orders and can restrict a range of behaviors, including contact, harassment, threats, property transfers, and financial interference.

Restraining orders in divorce cases are governed by RCW 26.09.060, which states:

“As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from…”

Read the full statute – RCW 26.09.060

The statute allows the court to bar a person from:

  • Disturbing the peace of the other party or child
  • Entering the family home, workplace, school, or childcare facility
  • Removing the children from the jurisdiction
  • Harming or disposing of property

These restraining orders are often issued at the beginning of a divorce or parenting case to stabilize the situation and protect vulnerable parties while the case is pending. They can be granted with or without notice to the other party, depending on the level of urgency and risk.

If you or your child is currently being victimized by domestic violence, follow this link to obtain immediate victim support.

Frequently Asked Questions: No-Contact and Restraining Orders in Seattle and King County Divorce Cases

1. How do I get a restraining order (protection order) during my divorce in Seattle or King County?
If you are filing for divorce or legal separation in King County and need legal protection, you can request a temporary restraining order (TRO) under RCW 26.09.060. This order may prevent your spouse from contacting you, entering your home, interfering with finances, or removing your children from school or childcare.

To obtain a TRO, you must file a motion—usually titled Motion for Temporary Family Law Orders—with the King County Superior Court. These orders can be issued the same day with or without notice to the other party. They often remain in place until a full hearing is held or until final orders are entered.

Explore more details: King County Superior Court – Family Law Motions

2. How do I respond to being served with one of these orders?
If you've been served with a no-contact order or a restraining order in Seattle or King County, take it seriously. Even if you believe the allegations are unfounded, you must obey the order until the court modifies or lifts it. Violation can lead to criminal charges or contempt findings.

You have the right to a hearing and should attend with legal representation. Bring documentation, witnesses, or any relevant communication that supports your version of events. Missing the hearing may result in the order being made permanent without your input.

Explore more details: Washington Law Help – Responding to Protection Orders

3. Can a restraining order affect child custody or visitation rights in my Seattle divorce?
Yes. Restraining orders can directly affect parenting plans and residential time. If the court finds credible allegations of domestic violence or harassment, it may restrict or suspend a parent’s contact with the children.

Under RCW 26.09.191, the court must consider any history of abuse or threats when determining parenting arrangements. A restraining order can lead to supervised visitation, parenting evaluations, or temporary suspension of contact, especially if safety is a concern.

Explore more details: RCW 26.09.191 – Parenting Plan Limitations

4. What happens if my ex violates a no-contact or restraining order during our King County divorce?
Violations of these orders are taken seriously by both civil and criminal courts. If your ex violates a no-contact order, it is a criminal offense, and law enforcement may arrest them without a warrant.

If the violation involves a civil restraining order, you can file a motion for contempt with the family court. Penalties may include fines, attorney’s fees, changes to the parenting plan, or jail time for repeated violations.

Explore more details: Washington Law Help – Contempt of Court in Family Law

5. How long do restraining orders last in a Seattle divorce, and can they be extended?
A temporary restraining order issued at the beginning of a divorce case typically lasts 14 days, unless extended by the court. After a hearing, the court may issue temporary orders that stay in effect until final divorce orders are entered.

If long-term protection is needed, a party may request a Domestic Violence Protection Order (DVPO) under RCW 7.105, which can last one year or longer and may be renewed before it expires.

Explore more details: Washington Courts – Protection Order Process

Speak with a Seattle Divorce Lawyer Who Knows How to Handle No-Contact and Restraining Orders

At the Law Offices of Jason S. Newcombe, we represent clients throughout Seattle and King County who are navigating divorce, legal separation, and parenting disputes involving no-contact and restraining orders. Whether you're seeking protection or defending yourself against an unfair or exaggerated claim, our attorneys bring over 50 years of combined experience to the table—and we know how to protect your rights.

These orders can impact everything from your parenting time to your access to your home and finances. We work quickly to help you take decisive legal action and ensure your side of the story is heard.

Schedule your free consultation today and take the first step toward protecting your future, your family, and your legal standing in Washington State

Our Seattle protection order attorneys can help you obtain a Washington restraining order

If you've become a victim of abuse in your own home then you may be wondering where to turn for relief. If you or your children are being abused by someone you live with, this emotionally devastating experience must stop as quickly as possible. While our Seattle protection order lawyers understand that you’re scared and concerned for your well-being, we want you to understand that the court can offer you protection.

The Washington Court can issue an order of protection designed to offer you relief from abuse, and this is more commonly called a restraining order. Our Seattle restraining order attorneys can help you understand what actions are considered abuse, but they often include pushing, punching, kicking, emotional abuse, threats of violence, and sexual abuse.

If you've been wrongly accused of abuse then you have legal rights that must be acknowledged by the court, and you should waste no time in discussing your situation with one of our Seattle restraining order lawyers.

Get help today from our Seattle restraining order attorneys

Our Seattle protection order lawyers can petition the court on your behalf while acting as your personal advocate. Our Seattle protection order attorneys will seek to acquire evidence that shows you or your children were a victim of violence and abuse, and this evidence may include medical records or eyewitness testimony.

If successful in their petition, our Seattle restraining order lawyers will be able to prevent the abuser from contacting you in any way. If they then violate the court order, they could be subject to time in jail. For this reason, if they try to contact you after an order has been issued then it's important for you to immediately contact one of our Seattle protection order attorneys.

If the person you were granted an order against lives in your place of residence, then they may be required to move out for your protection and the protection of your children. Many people are unaware that orders of protection are almost always followed, and are one of the best and most effective ways to seek shelter from an abuser.

Take the first step by contacting one of our Seattle restraining order attorneys for a free consultation

If you are a victim of abuse, it's important to recognize that there is a way out. Our Seattle protection order lawyers will fight for your safety while compassionately addressing the emotional needs of both you and your children.

Our Seattle restraining order lawyers also understand the sensitive nature of these issues, so you can contact us today for a free case evaluation that will be kept completely confidential.

Whether you've been wrongly accused of abuse, or are a victim of someone else's abusive behavior, we will put our legal experience to work for you and for those whom you love.

There is never a valid reason to except abusive behavior, so contact us today and take the first step toward a brighter future.

Client Reviews
★★★★★
Great service and follow up. Its a scary thing when you need a lawyer but Jason and his team make it less so. Very happy with our outcome. Scott Thibeault
★★★★★
"I can't say enough great things about Jason Newcombe Law Office. I am retired military and I highly recommend Jason Newcombe Law Office. I reached out to Jason's office after sitting for hours reviewing multiple Domestic Violence Law Offices in King County. He responded before that day was over. I spoke with Jason's both in-person and by phone; felt very comfortable with his years of experience and straight talk. He took on my case, took me through the process with sound advice. The Attorney Erin Lane who accompanied me with my court appearances; can't praise and thank her enough for her time, selflessness and educational information prior to each court appearance. She made a really daunting task for me less fearful, given such grim circumstances. I am forever grateful for Jason and the Team of Attorneys." Tommy Harville
★★★★★
"I cannot thank Mr. Newcombe and his staff enough. They are awesome. When I first contacted his offices, I didn't know what to do. I was overwhelmed and confused. He did an amazing job, I highly recommend him! I had two cases, and he got both of them dismissed. If you are in trouble, do yourself a favor, give him a call. " David
★★★★★
"I had Mr. Newcombe's firm handle my ticket and I greatly appreciate their assistance. It was handle easily and with good communication from the associates. If you need assistance with some legal matters then I would refer you to them. " Marvin
★★★★★
"Jason Newcombe and his Associate's are all top notch individuals who will fight tooth and nail for you and go the distance to ensure that you receive the best outcome possible on your case. I would not be where I am today if not for the Law offices of Jason Newcombe. " Eric Brandt
Contact Us