Modifying or Rescinding a No Contact Order

Any individual who is the protected party on a No Contact Order issued by the Selah Municipal Court may request that the order be either modified or rescinded (cancelled). Please be advised that there are some steps that you will need to follow for the judge to have the information needed to rule on your motion.

• Contact the Court Administrator/Clerk during available business hours to obtain the forms necessary to request that the order be either modified or rescinded. The clerk will need your name, the person's name who has the order against them, and the court case number. The clerk will give you paperwork, including the "Motion to Modify or Rescind a No Contact Order," as well as information regarding domestic violence resources.
• Contact the YWCA Domestic Violence Awareness Clinic at 818 W Yakima Avenue in Yakima or call 509-248-7796 to schedule an appointment regarding safety plans and community resources. Once you have finished their educational program, a certificate of completion will be given to you.
• Take your copy of the certificate of completion from the YWCA and the completed "Motion to Modify or Rescind a No Contact Order" forms and file them with the Selah Court Clerk. Please complete the motion so it is readable – the clerk will need to contact you based on the information you provide. The YWCA program is mandatory for modifying/rescind a no contact order. Your motion will be denied without this certificate.

The judge will then rule on whether or not a hearing will be set.

As the Judge reviews your Motion, the following factors will be considered in deciding whether or not to grant your Motion:

• If victim has taken YWCA class and presented certificate to the court.
• The person requesting the order to be modified or rescinded must appear at the hearing.
• The defendant must also appear at the hearing. If one or both of the parties fail to appear, the motion will be denied, and the no-contact order will remain in place.

Possible reasons for denied motion request:

No Changes: There have been no changes to the case since the case was filed/since last request/hearing.

This Case is Pending: This criminal case has not been resolved and is ongoing and active.

Other Cases are Pending: The defendant currently has other criminal case(s) pending in this or other courts.

Serious Allegations: The court has great concern for the safety of the protected person(s) because the allegations against the defendant in this case are so serious.

Criminal History: The court has great concern for the safety of the protected person(s) because of the defendant's criminal history.

Non-Compliance in this Case: The defendant has not complied with court orders in this case.

Non-Compliance in Other Cases: The defendant has not complied with court orders in other criminal case.

Warrant: The defendant has outstanding warrant(s) for their arrest on this case or other cases.

Counseling information not Completed or not Received: The protected person has not received YWCA and/or other counseling information.

Safety Plan Not in Effect: A safety plan is not in effect.

The court may ask questions to clarify why you want to modify or rescind the no-contact order. The court may want to know what circumstances have changed since the order was signed, whether or not there are weapons in the home, if there is a safety plan in effect, or other such factors that would warrant modifying or rescinding the order.

Please Be Advised That:

The court is not likely to modify or rescind the order if the case is new, or an active, open case, or no circumstances have changed since the order went into effect. Further, the court will not modify or rescind the order if the defendant is out of compliance with any conditions imposed or has an active bench warrant for his/her arrest.