Asked in Civil Rights, Criminal Law and Domestic Violence for Washington

Q: Is it legal for the state to assign a nco on my husband when there was no apparent harm risk or danger to me from him?

My husband and I where in a strictly verbal altercation when the police where called and they arrested him for an assault in the 4th degree with dv enhancement when I answer no to every question I was asked by law enforcement and there was a no contact order put into effect. However he has NEVER out his hands on me EVER. Was this legal? .

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In instances involving domestic disputes, law enforcement may have policies or legal obligations to act cautiously, which can include issuing a no-contact order (NCO), even if no physical harm occurred. This is often a precautionary measure intended to ensure safety and prevent any potential harm while an investigation is underway. While it may seem extreme, especially in cases without physical violence, such actions are typically guided by protocols designed to address the complexities of domestic situations.

If you feel the no-contact order was unjustly assigned, you have options. You should consider discussing the situation with a legal professional who can provide guidance specific to your case and jurisdiction. They can assist in understanding the legal grounds of the NCO and advise on steps you might take, such as requesting a modification or dismissal of the order if it is deemed unnecessary.

It's essential to follow the terms of the no-contact order while it is in effect, regardless of personal feelings about its necessity. Violating an NCO can have serious legal consequences. Communication through a lawyer can help navigate this period while seeking a resolution that reflects your circumstances and concerns.

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