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Seattle Restraining Order Attorney

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Washington Family Law Attorney Laurie G. Robertson

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Washington State Restraining Order Laws

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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.

What is the legal definition of Domestic Violence?

Under 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 Seattle Protection Order, we invite you to call our offices for an initial consultation. One of our Washington protection order lawyers can review the facts of your case in detail and explain how we can help.

(206) 624-9605 - Seattle
(425) 455-4646 - Bellevue
(253) 852-8989 - South King County

How do I get a Washington Restraining Order?

How do I get a Seattle Protection Order?

When an individual feels that they are the victim of domestic violence they may ask the Court for a Seattle Order of Protection or a Washington Restraining Order, depending on the specific facts and circumstances of their case. As a practical matter, however, the effects of either and Order of Protection or a WA State Restraining Order are very similar. The same is true for the general process of obtaining either one.

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 of protection 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 temporary order. This Temporary Protection or Restraining Order will last for 14 days or until the next hearing.

When someone is served with a Temporary Order of Protection or a Restraining Order, 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.

What can the Court order within a WA Protection Order?

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 Washington domestic violence 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 a Seattle or Washington Protection Orders and Restraining Orders.

Are the criminal consequences to having a protection order entered against you?

There are no criminal consequences with the entry of a Washington restraining order or protection order; however, there are criminal consequences for the violation of a temporary or permanent protection order. 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.

How does a protection order effect my divorce proceedings?

If a Washington restraining order or protection 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 orders. If you are in need of a protection order, or are defending yourself in a protection order hearing, we can help.

We can help you fully understand all the provisions of the Washington restraining or protection order and help guide you through the process. Protection orders and restraining orders are very serious and can carry with them significant penalties for violations.

If you have questions about Washington restraining orders or orders for protection, we invite you to call our offices for an initial consultation. One of our WA State restraining order lawyers can review the specific facts and circumstances of your case and explain how we can help.

(206) 624-9605 - Seattle
(425) 455-4646 - Bellevue
(253) 852-8989 - South King County