Modify or Rescind a Domestic Violence Protection Order
The Law - RCW 10.99
Pursuant to RCW 10.99, a court is authorized to enter a no contact order prohibiting a defendant from contacting the protected party upon arrest or conviction of a domestic violence crime. This order can be entered without either the request or permission of the protected party.
Requests for a modification or rescission of a no contact order in which the protected party is a minor is to be done pursuant to the appointment by the court of a guardian ad litem to interview the child. Minor victims can request to be interviewed in the presence of the non-offending parent or guardian or alone. If the protected party is 13 years of age or older, the Court requires that person to be present at the court hearing.
Notice of the hearing shall be provided to both the protected party and the defendant, counsel, if any, as well as the prosecutor’s office.
At the time of the hearing, the Judge will consider the following factors before modifying or rescinding (dismissing) a no contact order:
- Appearance of protected party
- Protected party must appear at the hearing, including a minor protected party if 13 years or over
- Appearance of the defendant
- Defendant MUST appear if the order is to be modified.
- Defendant Need not appear for the Court to rescind (dismiss) the order
- Information provided by both parties
- The Court will ask the protected party what the request is and why
- Defendant is entitled to join in the request or provide additional information
- Information possibly provided by others, including but not limited to:
- What circumstances have changed since incident
- Are there weapons in home
- Has victim received domestic violence counseling
- Is there a safety plan in effect
- Any prior history of defendant, including bench warrants
- Facts surrounding the case, including probable cause statement
- Is the Defendant on probation and/or in compliance with court requirements, including treatment
- Incident occurred recently, the case is still pending and no circumstances have changed since the incident
The fact that the order has been modified or rescinded (dismissed) does not prevent you from asking the court in the future to grant a no contact order. Please contact the Superior Court Clerk’s office at 360. 577-3016 for information regarding this procedure.
In addition, there may exist a valid no contact order from another court that would not be affected by an action by this Court. The Superior Court Clerk will not be able to tell you if another order exists in another court; you will need to make that inquiry with the other court.
If the Judge does not modify or rescind (dismiss) the no contact order, you are entitled to request another hearing in the future based on changed circumstances.
PROCEDURE FOR: MODIFYING OR RESCINDING (DISMISSING) A DOMESTIC VIOLENCE NO CONTACT ORDER
(You can download a copy of our pamphlet on this topic HERE=> How to Modify or Rescind a Domestic Violence Restraining Order)
STEP 1: Contact Cowlitz County Superior Court Clerk’s Office at 360.577.3016 or go to 312 SW 1st Avenue, Kelso WA, 2nd Floor, and request a packet for requesting to modify or rescind (dismiss) a Domestic Violence No Contact Order. You can also find these forms at http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=61
You must know the name of the person against whom the No Contact Order has been filed and the court case number. You can ask the Clerk for assistance or go to http://dw.courts.wa.gov/
STEP 2: Take the completed packet from Step 1, to the Cowlitz County Superior Court Clerk’s Office. A hearing date will be set by the clerk. You will also need to give a copy of the
Notice of Hearing and Motion to the Cowlitz County Prosecuting Attorney’s Office on the first floor of the Hall of Justice (312 SW 1st Avenue, Kelso, WA) before the time of the hearing.
YOU MUST APPEAR FOR THE HEARING IN ORDER FOR THE COURT TO CONSIDER YOUR REQUEST TO MODIFY OR RESCIND (DISMISS) THE NO CONTACT ORDER.
Note: It may be helpful to complete the domestic violence victim’s class before the hearing.
You can contact the Emergency Support Shelter at 360-425-1176 or toll free at 1-888-425-1176 to request attendance of the class.
Make sure to file a copy of the notice that you completed the class with the Superior Court Clerk’s office.
Completion of this class does not guarantee the No contact Order will be modified or rescinded (dismissed).
If you have an Emergency - call 911
FOR ALL EMERGENCIES
Washington State Domestic Violence Hotline
Statewide 8 a.m.-5p.m. multi-lingual help
If you or someone you know is being abused, and you do not know what to do, please call the Emergency Support Shelter at
360-425-1176, or toll-free at 1-888-425-1176.