If you are charged with a Domestic Violence offense in Everett Municipal Court you are likely restrained by a no-contact order that was entered at the arraignment. This no-contact order is often a great obstacle to putting your life back together. Most courts in Washington State do not have a set procedure for dropping no-contact orders. Everett Municipal Court, however, has their own domestic violence prosecutor, and thanks to her efforts, along with the wisdom of the court, there is a set procedure to try and address removing the no-contact order pretrial.
Indeed, I often defend my clients on Assault 4 DV or Assault 4 Domestic Violence charges in Everett Municipal Court. Other types of charges that may have no-contact orders in Everett Municipal Court are Malicious Mischief 3rd Degree DV, Harassment DV, Stalking and even No-Contact Order Violations. If you are charged with a domestic violence crime in Everett Municipal Court, you should ask your Everett domestic violence defense attorney about whether it makes sense in your case to try and have the no-contact order dropped.
In my experience, the rule of thumb for dropping a no-contact order in Everett Municipal Court requires that:
- The victim wishes the no-contact order dropped and appears in court on a motion hearing set in number 2 below.
- Your Everett domestic violence attorney sets a motion for a Wednesday at 3 p.m.
- The victim speaks to the domestic violence advocate the day of court and then addresses the court as to why he or she wants the order dropped.
- The defendant shows that he or she has completed at least 2 domestic violence classes.
The most important factor is step 4. It is important to remember, however, that if a defendant enrolls in domestic violence treatment, and completes 2 classes, he or she will likely be required to complete all of the classes by the court. Domestic Violence treatment usually consists of one year of classes so this is a step that should not be entered into lightly. It is best to consult a Washington domestic violence defense attorney before taking any steps in your Everett domestic violence case.
If you meet all 4 steps above, there is no guarantee that the court will drop the no-contact order, as each case is different and the prosecutor may still object. Still, if all 4 steps are met, you will have a very good chance of having your Everett no-contact order dropped pretrial.
Lynnwood domestic violence defense attorney Lance Fryrear is here to help drop your no-contact order in Everett Municipal Court or elsewhere in Washington State.