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How do courts decide a no-contact order should be modified?

Decision-making is not always a swift and easy process. However, many times important decisions need to be made on the spur of the moment. Sometimes, these decisions may later be reviewed and changed. When it comes to interpersonal relationships, this can be especially true. When family or intimate relationships in Spokane become exceptionally strained they may reaching a breaking point and charges of spousal abuse can result. The decisions made during this time can have very serious repercussions for all parties involved.

Sometimes a party will seek a no-contact order against the person after conflict has peaked. However, once a protective order or similar protection is in place, it is not unusual for the person who initially sought the order to desire to change it or even have it terminated. In Washington State, these orders can be modified or even rescinded.

The court will likely consider several factors before coming to a decision on whether to alter or rescind a no-contact order. The court will take into account the nature of any criminal charges against the defendant, as well as their current status. The court is also likely to review the defendant's past and current compliance with orders from the court. Moreover, the court will likely look into whether the person who sought the no-contact order has plans for his or her safety.

In addition to the factors above, the court can take into account other facts at their discretion. It's often extremely helpful and beneficial for defendants to have skilled legal help during these proceedings, so that they can fully understand their rights and have those rights protected by an assertive ally.

Source: Spokane County Superior Court, "Policy and Procedures to Request Rescission or Modification of No-Contact Order," accessed Nov. 25, 2016

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