In State v. Ancira, 107 Wn.App. 650, 27 P.3d 1246 (7/30/2001), a sentence for felony violation of a no-contact order included a condition prohibiting the defendant from contact with his children -- as well as his wife -- for five years. The crime had been contact with the wife. The children had witnessed the contact.

The court of appeals reversed the prohibition on contact with the children. It held that the State had not shown that this severe restriction on the defendant's fundamental right to parent was reasonably necessary to prevent harm to the children. The State's legitimate interest in preventing the children from witnessing domestic violence between their parents could be achieved by prohibiting Ancira's contact with his wife.

The sentencing court had said it would be willing to reconsider the no-contact order in eighteen months. The court of appeals noted that Ancira and his wife had a pending dissolution case. Deciding how to restrict Ancira's contact with his children would be "best resolved by the family court in the dissolution proceeding," the court said. It also said, "Generally, the criminal sentencing court is not the proper forum to address these legitimate concerns other than on a transitory basis."