No-Contact and Restraining Orders in Federal Way Divorce and Family Law

In Federal Way and throughout King County, no-contact and restraining orders frequently come into play during divorce, legal separation, and child custody disputes, especially in cases involving alleged abuse, harassment, or high-conflict communication. While these protective orders are often associated with criminal court, they are also a powerful and commonly used tool in civil family law proceedings.

Whether you are seeking legal protection from a spouse or partner or you have been served with an order restricting your contact with a family member, it is essential to understand the scope and effect of these orders. Protective orders issued during a divorce can impact parenting time, decision-making rights, access to your home, and control over property or financial assets.

Courts in King County may issue these orders at the beginning of a family law case or in response to new threats or incidents. Violating a no-contact or restraining order, intentionally or unintentionally, can result in criminal charges, contempt of court, or serious consequences for your custody and divorce proceedings.

Understanding the legal differences between these orders, how they are issued, and how long they last is critical to protecting your rights and your role within your family.

Although both orders may restrict contact between parties, they arise from different legal frameworks and serve distinct purposes.

A no-contact order is issued by a criminal court, typically after someone is arrested and charged with domestic violence or a related offense. These orders prohibit the accused from contacting the alleged victim through any means—whether in person, by phone, through social media, or via a third party.

According to 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.”

Full statute: RCW 10.99.040

These orders are often issued as a condition of pretrial release or sentencing and cannot be lifted by agreement between the parties. Only the criminal court has the authority to modify or terminate the order. Violating it is a separate criminal offense, even if the protected person initiates the contact.

A restraining order is a civil protection order issued in connection with a divorce, legal separation, or parenting case. These orders may be used to prevent harassment or abuse, protect children, maintain the family home, or preserve financial stability during litigation.

Restraining orders are authorized under RCW 26.09.060, which provides:

“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…”

Full statute: RCW 26.09.060

The court may issue an order that does any of the following:

• Prohibits a party from disturbing the peace of the other party or a child
• Bars access to the family home, workplace, school, or childcare center
• Prevents a parent from removing children from the jurisdiction
• Restricts interference with or disposal of property or financial accounts

These orders are often granted at the outset of a divorce to preserve the status quo and prevent immediate harm. They may be issued with or without notice to the other party, depending on the risk involved.

If you or your child is currently facing danger or abuse, immediate assistance is available via this resource.

1. How do I get a restraining order during my divorce in Federal Way or King County?
If you are going through a divorce or parenting case in King County and need protection from abuse, harassment, or intimidation, you can request a temporary restraining order through the family court. These orders may prevent contact, restrict access to your home or children, and stop interference with property or finances.

To obtain one, file a motion under RCW 26.09.060, typically along with your divorce petition or request for temporary orders. If there is an urgent safety concern, the court may issue the order without notifying the other party.

Informative link: King County Superior Court – Family Law Instructions

2. What should I do if I’ve been served with a no-contact or restraining order in Federal Way?
Comply immediately with every condition of the order. Do not contact the protected party—even indirectly. Violating the order can lead to arrest, criminal charges, or contempt of court.

You will have an opportunity to appear at a hearing to respond. Gather any documentation or evidence that supports your case, and strongly consider speaking with an attorney to ensure your side is heard.

Informative link: Washington Law Help – Responding to Protection Orders

3. Can a restraining order impact child custody or parenting time in my Federal Way divorce?
Yes. Restraining orders may limit or restrict a parent's contact with their children, especially if the court believes the child's safety is at risk. These orders can result in supervised visitation, temporary loss of residential time, or modifications to the parenting plan.

Under RCW 26.09.191, courts are required to evaluate domestic violence and harmful conduct when determining custody arrangements.

Informative link: RCW 26.09.191 – Parenting Plan Restrictions

4. What happens if my ex violates a no-contact or restraining order during our divorce?
Violating a no-contact order is a criminal offense in Washington. Law enforcement in King County can arrest the violator without a warrant if they have probable cause. The violator may face criminal charges and potential jail time.

If a civil restraining order is violated, the protected party can file a motion for contempt with the court. The court can impose sanctions, including fines, attorney’s fees, or changes to parenting and property arrangements.

Informative link: Washington Law Help – Contempt of Court in Family Law Cases

5. How long do restraining orders last in a Federal Way divorce, and can they be extended?
Temporary restraining orders typically last for 14 days unless extended by the court. A follow-up hearing is usually scheduled, where the court can issue longer-lasting temporary orders that remain in place until the divorce is finalized.

If long-term protection is necessary, a party may request a Domestic Violence Protection Order (DVPO) under RCW 7.105. These can last for one year or more and may be renewed if needed.

Informative link: Washington Courts – Protection Order Process

At the Law Offices of Jason S. Newcombe, we represent clients throughout Federal Way and King County who are navigating divorce, separation, and custody matters involving no-contact and restraining orders. Whether you are requesting legal protection or responding to a court order, our attorneys bring more than 50 years of combined experience in Washington family law.

These orders can have immediate consequences for your parenting time, your property rights, and your future. We work swiftly and strategically to protect your rights and guide you through each step of the legal process.

Schedule your free consultation today and take the first step toward protecting your family, your safety, and your future.