When Protection Orders Collide: Navigating Conflicting Family and Criminal Court Orders in Washington

When a relationship turns volatile, the legal system often steps in with protective measures to keep individuals safe. But what happens when those protections overlap — or worse, conflict? It’s not uncommon in Washington for someone to be subject to multiple court orders at the same time, such as a Domestic Violence Protection Order (DVPO) issued in family court and a No-Contact Order (NCO) issued in a related criminal case. Understanding which order controls and how to comply with both is essential for avoiding violations and legal consequences.
Understanding the Different Orders
A Domestic Violence Protection Order (DVPO) is a civil order issued under RCW 7.105.100. It’s meant to protect a person from harm, threats, or harassment, and can restrict communication, proximity, firearm possession, and even temporary custody or residence. A DVPO can last from one year to several years, and may be renewed or made permanent.
A No-Contact Order (NCO), by contrast, is issued in a criminal case under RCW 10.99.040. It usually arises after an arrest or criminal charge involving domestic violence. An NCO prevents any contact between the defendant and the protected person for the duration of the case, and sometimes beyond sentencing. Importantly, the protected person cannot give permission to ignore the order, only the court can modify or lift it.
Family courts also issue parenting plans under RCW 26.09. These plans set out custody, visitation, and communication terms between parents. But they can become complicated when an existing DVPO or NCO prevents contact or restricts parenting exchanges.
When the Orders Conflict
Conflicts often arise when one order allows limited contact for parenting or communication, while another prohibits all contact entirely. For example, a parenting plan might allow one parent to pick up the child from the other’s home, but a criminal No-Contact Order could forbid that parent from coming within 500 feet of the same residence.
When this happens, the more restrictive order generally controls, meaning that if one order bans contact altogether, the person subject to it must follow that rule even if another court order seems to allow some interaction. Violating a No-Contact Order can result in criminal penalties, including arrest and additional charges.
The best approach in these cases is to seek immediate legal guidance. An attorney can help file a motion to modify one of the orders, coordinate communication between the courts, or request a clarification hearing to ensure that both orders align.
Modifying or Reconciling Conflicting Orders
Resolving conflicts between Protection Orders requires proactive steps. Common approaches include:
- Requesting that the criminal court modify or clarify the No-Contact Order to allow limited communication for child exchanges or legal proceedings.
- Asking the family court to temporarily adjust the parenting plan until the criminal matter is resolved.
- Seeking a written clarification from the judge to confirm which order governs specific circumstances, such as parenting time or shared property access.
Each situation is unique, and coordination between the criminal and family courts is often necessary. The court’s goal is to maintain safety while allowing essential family functions to continue under controlled conditions.
Why Legal Representation Matters
Conflicting protection orders can create confusion that leads to unintended violations — and those violations can carry serious consequences, even when unintentional. Working with an experienced Washington attorney ensures that all court orders are properly reviewed, modified, and enforced without jeopardizing your rights or safety.
The Law Office of Erin Bradley McAleer assists individuals throughout Southwest Washington in navigating these complex overlaps between family and criminal law. Our team understands how to coordinate between courts, protect your rights, and find solutions that prioritize both safety and stability.
If you or someone you know is facing conflicting protection orders in Washington, contact the Law Office of Erin Bradley McAleer today for a confidential consultation. We can help you understand your options and take the right steps to stay compliant and protected.