When an individual feels threatened by a family member or significant other they can seek a Washington restraining order. This is a civil protection order from the courts. To obtain a Washington restraining order, the court must find that there has been domestic violence in the relationship.
Our Washington protection order lawyers can help you understand WA State laws and answer any questions you may have.What is the Legal Definition of Domestic Violence?
The Domestic Violence Prevention Act defines “domestic violence” as “physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; sexual assault of one family or household member by another; or stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.” RCW 26.50.010.
Our Washington restraining order attorneys are experienced divorce and family law lawyers. If you have questions about whether or not you have grounds to obtain a protection order, we invite you to call our offices for an initial contact us. One of our Washington protection order lawyers can review the facts of your case in detail and explain how we can help.How do I get a Restraining Order in Washington State?
When an individual feels that they are the victim of domestic violence they may ask the court for an order of protection or a restraining order, depending on the specific facts and circumstances of their case. As a practical matter, however, the effects of either one are very similar. The same is true for the general process of obtaining them, and our restraining order lawyers in Washington can help you do so.
An application is made to the court alleging facts that the petitioner knows to be true and that meet the definition of domestic violence. Upon completion of the petition, the court will then issue a temporary order and set a hearing if the facts alleged, do in fact, meet the legal definition of domestic violence. After a temporary order of protection is issued, law enforcement will serve the respondent with the paperwork, and it will last for 14 days or until the next hearing.
When someone is served with these orders, they have the opportunity and right to give their side of the events to the court. Each party is allowed to present their facts under oath and the court will determine if a permanent protection order is necessary. If a protection order is entered at the final hearing it will be in effect for at least one year.
Upon the finding of domestic violence and the issuance of a WA State protection order, the court may order a number of things, including requiring the respondent to undergo assessment and/or treatment for domestic violence. The court may also order assessment and/or treatment for chemical dependency, if it is felt that this a contributing factor to the domestic violence.
Most protection orders will restrain the respondent from having any contact with the victim and sometimes the children of the victim. The court also has the ability to award the use of property, such as a vehicle, personal property, or real estate. The court can even order the respondent to vacate the family home, and it can also order the respondent to pay court fees, attorney’s fees and fines.
When there are children involved, the court may also require the respondent to take parenting classes before they will even consider allowing them to have contact with the children, even when the children were not victims of the domestic violence. Thus, there are many issues to consider when requesting this. Call our Washington protection order lawyers today for help.Are There Criminal Consequences to Having one Entered Against you?
There are no criminal consequences with the entry of protection orders; however, there are criminal consequences for the violation of a temporary or permanent orders. The violator may be prosecuted for a gross misdemeanor and multiple violations may lead to a class C felony charge. The court may also order fines and fees to be paid if the respondent is found guilty of violating the protection order. It is important that the respondent fully follow the provisions of any WA State restraining or protection order to avoid any potential criminal ramifications.
Washington restraining orders and protection orders can also affect your ability to find employment. Many professions will not hire individuals with a currently pending WA State restraining or protection order. Protection orders and restraining orders are a matter of public record. So, it is important that you act responsibly and avoid having a protection order entered against you. Contact our protection order attorneys in Washington State for a contact us.How Does a Protection Order Effect my Divorce Proceedings?
If an order is entered against you before or during your divorce, it can have a very detrimental effect upon your parenting plan. Under RCW 26.09.191, the court is required to enter restrictions in a parenting plan against a parent who has a history of domestic violence.
It is important when dealing with your estranged spouse or partner to always be respectful and courteous. Use common sense and avoid confrontation that could lead the other person become fearful of their safety.
Our Washington restraining order attorneys are experienced in dealing with all aspects of protection/restraining orders. If you are in need of one, or are defending yourself in a hearing, we can help.
Our Washington restraining order attorneys can help you fully understand all the provisions and help guide you through the process. They are very serious and can carry with them significant penalties for violations.We will Answer Your Questions
If you have questions, we invite you to call our offices for an initial contact us. One of our protection order lawyers in WA State can review the specific facts and circumstances of your case and explain how we can help. Call our Washington protection order lawyers today!