State v. Miller

¶1 We are asked to decide if the validity of a domestic violence no-contact order is an element of the crime of violating such an order. If the validity of the order is an element of the crime, then it must, of course, be decided by a jury as a matter of fact.

Chambers, J.

f 2 We hold that the “existence” of a no-contact order is an element of the crime of violating such an order. However, the “validity” of the no-contact order is a question of law appropriately within the province of the trial court to decide as part of the court’s gate-keeping function. The trial judge should not permit an…