To convict a defendant of felony violation of a no-contact order, the state must prove that an order existed and that the defendant knew of the order. The order is therefore generally relevant and likely admissible. In a recent case, however, the defendant challenged the admission of a no-contact order because he had stipulated to the existence of his order and his knowledge of it.
The defendant was charged with several Washington domestic violence offenses, including felony violation of a no-contact order, after the woman with whom he was living told police he assaulted her. The defendant was under Department of Corrections supervision at the time. The defendant pleaded guilty to some of the charges, but the charge for felony violation of a no-contact order went to trial.
The state planned to admit two no-contact orders into evidence. To prove the charge, the state would have to prove that there was a no-contact order in place and that the defendant knew of it. The defendant requested that the no-contact order be excluded because he had agreed to stipulate to knowing of its existence. The judge ultimately admitted the no-contact order over the defendant’s objection.