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Superior Court
Policy and Procedures for Rescinding or
Modifying No Contact Orders
Per RCW10-99.040(7)

Policy:

This policy and procedure applies to alleged victims of domestic violence as defined by RCW 10.99.010 et seq who wish to file a motion to modify or rescind a “no contact order” that was entered in conjunction with a criminal case.

Procedures:

Victims of domestic violence may obtain the forms on-line at www.courts.wa.gov/forms/ [Spanish] (NC 02.0500 and NC 02.0800) or pick up the forms for a modification or rescission of the no contact order at the Skagit County Clerk’s Office, 205 W Kincaid St, Room 103, Mount Vernon, WA  98273.

Victims who want to terminate or modify felony no contact orders must contact the Skagit County Prosecutor’s Office, 605 S Third St, Mount Vernon, WA  (360)416-1600.  The Victim Witness Advocate will schedule a meeting and assist in filling out all of the forms including the Note for Calendar to get the matter before a judge timely.  The Victim Witness Advocate will also make copies and send a copy to the defense attorney.

Persons who wish to obtain a protection order outside of a criminal case may do so using a separate process.  More information about that process is available here. 

Hearings.  Hearings to modify or terminate felony no contact orders are heard every Monday at 9:30am. Notes for the criminal motion calendar shall be filed with the Clerk of the Court and served on all parties at least nine (9) court days before the hearing.

Motion Denial/Approval.  The Court will consider the following factors when deciding whether to rescind or modify the no contact order:

• Whether the victim has had a chance to make alternate plans for safety;
• The status and nature of the criminal proceeding(s) against the defendant;
• The defendant’s compliance with the court instructions and sentence;
• Other factors at the discretion of the judicial officer.

No contact orders that are issued, modified or terminated shall be forwarded by the Skagit County Clerk to the appropriate law enforcement agency on or before the next judicial day.