Violating a Protection Order by Accident: Can You Still Be Charged in Washington?

You didn’t mean to break the rules. Maybe you ran into the protected person at the grocery store. Maybe you replied to a text without thinking. Or maybe you simply forgot there was a no-contact order in place. It might seem unfair — but in Washington, even accidental or unintentional violations of a protection order can lead to criminal charges.

Protection Orders Are Enforced Strictly — Even for Mistakes

In Washington, courts issue protection orders (including no-contact, anti-harassment, stalking, and domestic violence protection orders) to prevent one person from contacting or coming near another. Once an order is issued, it becomes a binding court directive — and violating it is a criminal offense under RCW 26.50.110 and related statutes.

What surprises many people is that these violations are often treated as strict liability crimes. That means the prosecution does not need to prove that you intended to violate the order — only that you did.

Examples of “Accidental” Violations That Can Still Be Prosecuted

• You text or respond to a message from the protected person out of habit or to clarify something, even if they initiated the conversation.
• You run into them in public and fail to leave immediately.
• You visit a mutual friend’s home or workplace, unaware the protected person is also there.
• You post something on social media that they can see — even indirectly.

Even if there was no intent to harass, even if the contact was brief or unplanned, and even if the protected person says they’re okay with it, you can still be arrested and charged.

What If the Protected Person Contacted Me First?

This is one of the most common — and most misunderstood — situations. If someone is protected by a no-contact order, they cannot waive the order or give you permission to ignore it. Only the court can modify or terminate the order.

So even if they text you first, invite you over, or say it’s okay to talk, you can still be charged if you respond or show up. Courts place the full responsibility for compliance on the person subject to the order — not the protected party.

Penalties for Violating a Protection Order

In Washington, a first-time violation is usually a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine. However, the charge can be enhanced to a felony if:

• You have prior violations,
• The violation involves violence or threats,
• The protected person is a minor,
• Or you are in possession of a firearm during the violation.

What to Do If You’re Accused of Violating an Order

If you’ve been accused of violating a protection order — even if it was unintentional — it’s critical to speak with an experienced criminal defense attorney immediately. These cases often move quickly, and even a misunderstanding can escalate into a serious charge that affects your record, custody rights, employment, and more.

At the Law Office of Erin Bradley McAleer, we know that not all violations are clear-cut. We work with clients to understand what happened, examine the facts, and fight for a resolution that protects their future.

Accused of Violating a Protection Order in Washington?

Don’t wait. If you’re facing charges for a no-contact or protection order violation — even one that happened by accident — contact the Law Office of Erin Bradley McAleer today. We’ll help you understand your rights, defend your actions, and work toward the best possible outcome.