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Law Educator, Esq.
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Category: Criminal Law
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Can you please tell me if a no contact order that has been

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Can you please tell me if a no contact order that has been issued in the state of Washington is enforceable in the province of BC?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law.Hut replied 1 year ago.
Hello:No, it would have no force and effect in BC. It is possible to seek to have such an order registered and then confirmed by a BC court, but unless and until that happens, such an order has no legal effect in the province.
Customer: replied 1 year ago.


So, if we have a pretrial date in Washington, and have had contact in BC, my fiance won't be held accountable, as long as we travel seperately in the state of Washington? We had a disagreement, and he was charged with DV assault (even tho he punched a tv, not me) - I think something was slipped in his drink, and now this is going on.. I just want to make very clear that he can't get in any trouble if we do have contact, because so far, we have complied completely with the order, but it the pretrial is still 3 weeks away..

Expert:  Law.Hut replied 1 year ago.
That is a separate matter. You are really now asking if the Washington order will be effected, in court in Washington, by actions taking place in BC, that is not the same as whether the order can be enforced in BC or not. A BC court may not be able to do anything if the two people are having contact with one another and this is not allowed by a Washington order....but that does not man that the courts in Washington cannot take steps if they believe the order has been violated.

I think you need to ask this question not from a Canada Law expert, but from a U.S. law expert. I can redirect this post and let a U.S. lawyer respond, as this is really a question of what the Washington courts will do if there has been non contact out if the jurisdiction. It is not a question at all of what the BC court will do. I suspect that the place that contact occurs will not matter, but again you need to confirm that with a U.S. lawyer.
Customer: replied 1 year ago.


Yes, please redirect this to a US lawyer, and thank you for all your help; right now, I have a house with two very sad girls - one is me, and one is our 11 yr old daughter (his stepdaughter)

Expert:  Law Educator, Esq. replied 1 year ago.
Your question has been transferred to the US legal section. If there is a complaint made to the court in WA that issued the no contact order or the WA court finds out about a violation of the no contact order that occurred in any other state or in Canada, then the WA court can hold the party in contempt of that court order in WA. The key is that WA has to find out about the fact you two have violated the court order and if they do, then they can impose sanctions for contempt of the court order no matter where the contact occurred.

On this type of case, you have a better chance instead of angering the court for intentionally trying to circumvent their order to go to the court to have his attorney to file to have the restraining order vacated and have you testify on his behalf to get the order vacated. If you do get caught trying to circumvent the order by going to Canada separately to meet, the court is not going to be happy and would not be likely to vacate the order in the future if you ask as a punishment for you two intentionally violating their order (again, this is presuming you get caught or one of you does not get angry and tell the court, which believe it or not we have had happen before).




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Customer: replied 1 year ago.


Thank you for explaining; we live in Canada - we were in the U.S. for a quick getaway, and everything turned upside down. It sounds as if it may just be easier to follow the order (which we have to date), and go for pre-trial in a few weeks, with hopes to have it lifted. It just is so frustrating, for us, who rarely go out, let alone go out of the country, for this to have happened.. In the end, we will go back for pre-trial in a few weeks, and hope to have the order lifted then...

Expert:  Law Educator, Esq. replied 1 year ago.
I understand the frustration here. Again, if nobody tells the court what happens in BC, the WA court will not know and that is a risk you have to weigh. However, legally you cannot violate the restraining order and if the WA court does learn you did, they can impose sanctions.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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