What Is a No-Contact Order Violation by Proxy in Washington?

In Washington State, no-contact orders are powerful court mandates designed to protect individuals from harassment, abuse, or threats. But what many people don’t realize is that violating such an order indirectly—through a third party—can be just as serious as violating it directly. This is often referred to as a “violation by proxy,” and courts take it very seriously.

What Does “By Proxy” Mean?

A violation by proxy occurs when the restrained party enlists another person—knowingly or not—to reach out to the protected individual. This could include asking a friend to deliver a message, sending gifts through a family member, or even posting coded messages online that are meant to be seen by the protected person. These actions may seem subtle or non-threatening, but under Washington law, they can still amount to a violation.

How Washington Law Defines This

Under RCW 10.99.040(4), a no-contact order “shall be effective against the defendant… and any person acting at the defendant’s direction or on the defendant’s behalf.” In other words, courts recognize that indirect attempts to contact the protected party—especially those aimed at influencing, intimidating, or harassing—can violate the order just as clearly as a phone call or in-person confrontation.

In State v. Roden, 179 Wn.2d 893 (2014), the Washington Supreme Court reaffirmed that communication via another person can satisfy the definition of “contact” under no-contact order statutes when the defendant intentionally uses a third party as a go-between.

Examples of Indirect Violations

  • Using a mutual friend to relay a message like “Tell her I’m sorry”
  • Asking a child or sibling to bring a gift or letter to the protected person
  • Posting on social media where you know the protected person (or their friends) will see it
  • Sending messages through attorneys outside of formal legal process

Even if the third party believes they are acting independently or innocently, if the restrained person initiated the communication, courts may still find a violation occurred.

What Are the Consequences?

Violating a no-contact order by proxy can lead to criminal contempt, a new misdemeanor or felony charge, or enhanced penalties if the original offense was domestic violence-related. A judge may also revoke bail, impose jail time, or modify the order to be even more restrictive.

What Should You Do?

If you are subject to a no-contact order:

  • Do not try to “get around” the order by using friends or family.
  • Avoid any communication, direct or indirect—even with “good intentions.”
  • Talk to a defense attorney immediately if you believe someone might misinterpret your actions.

If you are the protected party and believe someone is violating the order through others, report it to the court or your attorney. Judges are particularly concerned about manipulation or coercion masked as “accidental” contact.

Facing a No-Contact Order or Alleged Violation in Clark County?

The Law Office of Erin Bradley McAleer has successfully represented clients in both defending against false allegations and enforcing protection orders when necessary. Call us today for a confidential consultation.