Marriages and other intimate relationships are inherently complex. Sometimes, one party becomes concerned about their safety—perhaps during an especially contentious divorce or legal separation, child custody dispute, or other overwhelming time. In Washington state, an individual may file a petition for a civil protection order against their spouse, dating partner, family member, or roommate (known as the respondent). It’s important to recognize that protection orders are not handled by the criminal court system; instead, they are civil protections that, once approved by the civil court, prohibit the respondent from engaging in certain behaviors (such as contacting, emailing, or harassing the petitioner). Violating the terms of a protection order can lead to penalties like fines or even an arrest or similar criminal penalties. Whether you are interested in putting a Washington protection order in place against someone or you want to fight back against someone who is making false accusations against you, The Vern McCraw Law Firm, PLLC, is here to advocate vocally on your behalf and help you secure a fair and favorable outcome. Let’s take a look at how protection orders in Washington state typically unfold and the steps you can take to either put one in place or push back against an order that is based on false allegations of abuse or domestic violence.
How Do Orders of Protection Work in Washington State?
Essentially, protection orders are tools that shield survivors of domestic violence, harassment, sexual assault, or stalking from ongoing abuse. There are several types of protection orders available to Washington state residents, but a newly streamlined petition allows the petitioner to indicate the type of protection order they are seeking without having to wade through a stack of forms and documents. Instead, the petitioner can use one form to describe the type of protection order they need, as well as the supporting details that explain why they are seeking this protection. Once the petition is filed, the respondent will be notified, and both parties will have the opportunity to appear in court to have their say. The court will then decide whether to grant or deny the petitioner’s request. If the court approves the protection order, it will take effect—which means that the respondent will be prohibited from engaging in the actions described in the protection order (i.e., calling or texting the petitioner, owning a firearm, etc.). The petitioner may file a motion to terminate or modify the order at any time, and the respondent has the right to file a motion to terminate or modify the order—but only one time within the 12-month period during which the protection order was issued.
How Do Restraining Order Hearings Work in Camas?
When someone files a petition for a protective order in Washington, the court will set a date for a hearing. The respondent will be notified and has the right to appear at the hearing in order to present their case to the judge. Both parties will have the opportunity to advocate for themselves and present any evidence or testimony they believe will support their positions. In cases where the petitioner has reason to believe that they are in immediate danger, the court may issue an immediate temporary order that remains in effect until the hearing, where the court may approve the permanent order. For any questions about protection orders, including “How does a temporary restraining order work?” or “How long do protection orders remain in effect?” it’s best to enlist the guidance and support of a knowledgeable Camas family law attorney for customized answers.
If you have questions about protection orders in Washington state, The Vern McCray Law Firm, PLLC, is ready to provide you with trusted and effective legal advocacy when you need it most. Please call our Camas office today at (360) 834-6262 to discuss your case with a dedicated and experienced criminal defense and family law attorney.