Domestic Violence No Contact Order Form. This is a Washington form and can be use in Misdemeanor Judgment And Sentencing Statewide.
Tags: Domestic Violence No Contact Order, CrRLJ 07.0900, Washington Statewide, Misdemeanor Judgment And Sentencing
Court of Washington for Plaintiff No. Domestic Violence No-Contact Order (Misdemeanor) (clj = NOCON) (superior cts = ORNC) vs. Defendant Pre-trial Post conviction SID: Clerk’s action required. If no SID, use DOB: 1. Based upon the certificate of probable cause and/or other documents contained in the case record, testimony, and the statements of counsel, the court finds that the defendant has been charged with, arrested for, or convicted of a domestic violence offense, and further finds that to prevent possible recurrence of violence, this Domestic Violence No-Contact Order shall be entered pursuant to chapter 10.99 RCW. This order protects (Name ): ___________________________________________________________________________________________. current or 2. The court further finds that the defendant’s relationship to a person protected by this order is: former spouse parent of a common child current or former cohabitant as intimate partner other family or household member as defined in RCW 10.99. 3. (Pretrial order) The court makes the following findings pursuant to RCW 9.41.800: the defendant used, the defendant previously displayed, or threatened to use a firearm or other dangerous weapon in a felony; committed an offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040; possession of a firearm or other dangerous weapon by the defendant presents a serious and imminent threat to or public health or safety, or to the health or safety of any individual. It is Ordered: This No-Contact Order expires on:________________________________________. This No-Contact expires 2 years from today’s date: ___________________________________. Defendant is Prohibited from: A. Causing or attempting to cause physical harm, bodily injury, assault, including sexual assault, and from molesting, harassing, threatening, or stalking the protected person(s). B. Coming near and from having any contact whatsoever, in person or through others, by phone, mail or any means, directly or indirectly, except for mailing or service of process of court documents by a 3rd party or contact by defendant’s lawyers with the protected person(s). C. Entering or knowingly coming within or knowingly remaining within ____________________(distance) of the protected person(s)’s residence school workplace other: ______________________________ _______________________________________________________________________________________ . D. (Pretrial RCW 9.41.800 findings made) Obtaining or possessing a firearm, other dangerous weapon or concealed pistol license. (Conviction of offense listed in RCW 9.41.040(2)) Obtaining, owning, possessing or controlling a firearm. Domestic Violence No-Contact Order (NOCON/ORNC) - Page 1 of 2 CrRLJ 07.0900 - (6/2006) RCW 10.99.040, .045, .050 American LegalNet, Inc. www.USCourtForms.com It is Further Ordered: (Pretrial Order) The defendant shall immediately surrender all firearms and other dangerous weapons within the defendant’s possession or control and any concealed pistol license to: ____________________________________________________________ [name/law enforcement agency]. Warnings to the Defendant: Violation of the provisions of this order with actual notice of its terms is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. Willful violation of this order is punishable under RCW 26.50.110. Violation of this order is a gross misdemeanor unless one of the following conditions apply: Any assault that is a violation of this order and that does not amount to assault in the first degree or second degree under RCW 9A.36 .011 or 9A.36.021 is a class C felony. Any conduct in violation of this order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. Also, a violation of this order is a class C felony if the defendant has at least 2 previous convictions for violating a protection order issued under Titles 7, 10, 26 or 74. If the violation of the protection order involves travel across a state line or the boundary of a tribal jurisdiction, or involves conduct within the special maritime and territorial jurisdiction of the United States, which includes tribal lands, the defendant may be subject to criminal prosecution in federal court under 18 U.S.C. § 2261, 2261A, or 2262. In addition to the state and federal prohibitions against possessing a firearm upon conviction of a felony or a qualifying misdemeanor, upon the court issuing a no-contact order after a hearing at which the defendant had an opportunity to participate, the defendant, if a spouse or former spouse, a parent of a common child, or a current or former cohabitant as intimate partner of a person protected by this order, may not possess a firearm or ammunition for as long as the nocontact order is in effect. 18 U.S.C. § 922(g). A violation of this federal firearms law carries a maximum possible penalty of 10 years in prison and a $250,000 fine. An exception exists for law enforcement officers and military personnel when carrying department/government-issued firearms. 18 U.S.C. § 925(a)(1). If the defendant is convicted of an offense of domestic violence, the defendant will be forbidden for life from possessing a firearm or ammunition. 18 U.S.C. § 922(g)(9); RCW 9.41.040. You Can Be Arrested Even if the Person or Persons Protected by This Order Invite or Allow You to Violate the Order’s Prohibitions. You have the sole responsibility to avoid or refrain from violating the order’s provisions. Only the court can change the order upon written application. Pursuant to 18 U.S.C. § 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico, any United States territory, and any tribal land within the United States shall accord full faith and credit to the order. It is further ordered that the clerk of the court shall forward a copy of this order on or before the next judicial day County Sheriff’s Office Police Department where the to:_____________________________________________ above-named protected person(s) lives, which shall enter it in a computer-based criminal intelligence system available in this state used by law enforcement to list outstanding warrants. ***See Page One for the Expiration Date of This No-Contact Order.*** Done in open court in the presence of the defendant this date:_______________________________. Judge Print Name: Deputy Prosecuting Attorney WSBA No. Print Name: Attorney for Defendant WSBA No. Print Name: Defendant Domestic Violence No-Contact Order (NOCON/ORNC) - Page 2 of 2 CrRLJ 07.0900 - (6/2006) RCW 10.99.040, .045, .050 American LegalNet, Inc. www.USCourtForms.com