Many people assume that the terms restraining order and protection order can be used interchangeably. While both of these legal tools can be used to provide protection for vulnerable individuals, such as those attempting to leave an abusive spouse or dating partner, there are key differences between these two legal protections. The main difference between a restraining order and an order of protection in Washington state is that they refer to two different legal procedures. Generally, a restraining order (sometimes referred to as a no-contact order) can be issued by a judge as part of a criminal case where the alleged victim may be at risk of physical harm or continued abuse by the defendant. In contrast, civil protection orders are often initiated by a vulnerable individual as part of divorce, child custody, or other civil proceedings where they may fear retaliation or harassment from the other party. Sometimes we see civil protection orders used as a tool of posture for a family law case and then a criminal case follows shortly after one or both cases have been filed. When a restraining order and a protection order are put in place by the either court, they provide similar protections to the protected party and impose penalties if the respondent (or the defendant) violates the terms of the order. Working with a knowledgeable Washington family law and criminal law attorney is the best way to learn more about these legal proceedings.
Is a Restraining Order and a Protection Order The Same?
Restraining Orders and Protection Orders are different, but have overlapping similarities. Washington state laws provide several legal protections for those at risk of physical harm, abuse, harassment, stalking, or other harmful behaviors. For instance, if law enforcement arrests someone and charges them with a domestic violence offense, the court may issue a domestic violence “no contact” protection order (DVPO). Under RCW 10.99.040, “Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim.” In other words, a criminal court may issue a restraining or no-contact order in order to protect an alleged victim of domestic violence from ongoing harm or harassment from the defendant. Protection orders, on the other hand, can be obtained by petitioning the civil court to put such protections in place, regardless of whether the respondent has been arrested or is facing any criminal charges.
Learn More About Civil Protection Harassment Orders in Washington State
Both restraining orders and protection orders are legal measures that protect vulnerable individuals against harassment, domestic violence, and other threats. Civil protection orders fall under RCW 7.105 and may be sought at any time by filing a petition in civil court. These protections may be especially useful during divorce, custody disputes, and other family law disputes where there is a potential for ongoing harassment, stalking, or abuse between the parties. It’s important to recognize that a civil protection order can be issued regardless of whether there is a pending criminal case against the opposing party. There are serious criminal consequences if one party is found to violate a restraining order or protection order, even if the contact was consentual or initiated by the victim/the party who requested the order. No matter what the unique circumstances of your situation may be, it’s important to hire an experienced Camas lawyer for legal guidance and representation to navigate these complex legal processes.
What Side Does your firm Represent?
Our skilled attorneys are highly experienced in both criminal defense and family law- we advocate for your side, whether you are accused of a crime of domestic violence, or a victim seeking protection. If you are struggling with a criminal defense or family law matter in the Camas and Vancouver area, The Vern McCray Law Firm, PLLC, is ready to provide you high-quality legal guidance during this challenging time. Please call our office today at (360) 834-6262 to get started with a highly qualified and caring attorney.
