Modifying or Rescinding a No Contact Order
Any individual who is the protected party on a No Contact Order issued by Selah Municipal Court may request that the order be either modified or rescinded (cancelled).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 in order for the judge to have enough information needed to rule on your motion.
1. Contact the Court Administrator/Clerk during available business hours to obtain the forms necessary in order to request that the order be either modified or rescinded.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.
2. Contact the YWCA Domestic Violence Awareness Clinic at 818 W. Yakima Ave. 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.
3. 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.
The judge will then rule on whether or not a hearing will be set.
IF THE JUDGE SCHEDULES A HEARING ON YOUR MOTION, THE FOLLOWING FACTORS WILL BE CONSIDERED IN DECIDING WHETHER OR NOT TO GRANT YOUR MOTION:
1. The person requesting the order to be modified or rescinded must appear at the hearing.
2. 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.
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.