Washington Domestic Violence Attorney
What is considered domestic violence? Domestic violence is broadly defined by Washington statutes. Some forms of
domestic violence are obvious, for example striking another person. Other forms of domestic violence may not involve physical violence, but may
involve verbal threats, harassment, stalking and other actions.
At John L. Davis PLLC, we provide legal guidance and representation for those impacted by domestic violence or named as
alleged offenders in protection orders.
A person does not necessarily have to prove physical violence to obtain a restraining order/
protection order. However, it is advisable to consult with an experienced Washington domestic violence attorney prior to proceeding to a
contested evidentiary hearing regarding a protection or other type of protective order.
Orders of Protection
What is a Protection Order?
A Protection order is a Court order that precludes the respondent from engaging in certain acts, which may affect your
safety or security. Such person may be precluded from contacting you altogether. Or, if you do not wish to preclude all contact, a person may be
limited to only contacting you in writing or by other selected mode of communication. A Protection order may apply to specific locations such as
where you reside, work, attend school, etc. A Protection Order may grant the victim of domestic violence exclusive use and possession of the
parties’ common residence, and the other party may be precluded from going to such residence altogether pending further Court order. The
offending party may be ordered to do other things by the Court to help ensure the victim’s safety including surrendering his or her firearms and
other weapons, and may be ordered to complete a Court approved domestic violence program.
Protection Orders are the most common type of restraining order in family law cases for the reason that they apply
where parties are married, were previously married, resided together, have a child together, have had an intimate relationship, are related by
blood, are pregnant by the other party, or have another type of relationship defined by statute. A Protection Order is a civil order (i.e. it is
not a criminal proceeding). However, if the other party violates a Protection Order, he or she is subject to criminal prosecution.
Where Do I obtain an Order of Protection?
With certain exceptions, a person can request a Protection Order at any Superior Court location. The forms to obtain a
Protection Order are available free of charge from the court.
You will generally be provided a hearing before the Court on the same day that you file your request for a Protection
Order. The hearing will generally involve just you and the judge (unless you bring witnesses). The other party does not have an opportunity to
present evidence (and will generally not even know you are obtaining the order) unless and until he or she later requests a hearing after the
initial Order of Protection is issued by the Court. By statute, the court must set a hearing within 14 days of the issuance of the protection
order to allow the respondent to appear and contest the Protection Order being put in place permanently.
What Do I Need To Prove To Obtain A Protection Order?
A Petition for Order of Protection is generally filed by a party who has been or may be subjected to domestic violence,
or by a parent, legal guardian or custodian of a minor who has been or may be subjected to domestic violence. It is important to note that
“domestic violence” does not mean that a person has to be subjected to physical violence or that a person has to prove he or she was injured
The Court needs to only have “reasonable cause to believe” that a person has engaged in domestic violence or may engage
in domestic violence, in order to issue a Protection Order. If an evidentiary hearing is requested by the other party after an Order of
Protection is issued, a preponderance of the evidence standard applies (i.e. the Court must find it is more likely than not that the events
happened as alleged). Thus, a person should not necessarily be reluctant to seek a Protection Order just because no one else witnessed the
events. A person’s testimony by itself may be enough for the Court.
It is recommended that you be specific in your Petition for Protection order. A Court may not allow you to bring up
additional matters during your testimony if they were not addressed in your written petition. There is generally not enough room on the forms
provided to set forth all relevant information if you have experienced numerous acts of domestic violence. Thus, you may want to consider
writing a separate “attachment” document prior to going to Court and attaching such document to your petition.
What Is Considered “Domestic Violence”?
“Domestic Violence” is broadly defined by Washington statutes. One does not necessarily have to prove physical violence
to obtain an Order of Protection.
Some forms of “domestic violence” are obvious, i.e. striking another person. Other forms of “domestic violence” may not
involve physical violence, but may involve verbal threats, harassment, stalking and other actions.
Do I Need An Attorney To Obtain Or Defend Against An Order Of Protection?
You are not required to retain an attorney to obtain a Protection Order, or to defend yourself against one.
If the Protection Order is against you, and if you desire to have the Protection Order modified or dismissed, it is
advisable to at least consult with an attorney. Although a Protection Order is not a criminal matter, the repercussions for even minor
violations of the order can be significant and may be prosecuted as a criminal matter. Moreover, employers and others may conduct public records
searches regarding whether you presently have or have previously had a Protection Order against you. In the modern world of technology and
accessibility of information, challenging the Protection Order may be very important to you and your future.
Can Children Be Included In A Protection Order?
On some occasions, a party includes one or more children in the Protection Order. However, such an order is improper
unless the Court has reasonable cause to believe that either:
- Physical harm has resulted or may result to the child, or
- The alleged acts of domestic violence involved the child.
A Protection Order which affects a person’s parenting time is still valid and will control over the parenting plan
order pending further order of the issuing court or the Family Court.
How Do I Get An Order Of Protection Modified Or Dismissed?
It is generally not too difficult for a party to obtain a Protection Order against another party for the reason that
the Court has only heard one party’s version of facts at the time the order is issued. For purposes of this section, the alleged victim is
referred to as the petitioner, and the alleged wrongdoer is referred to as the respondent.
In order to get a Protection Order modified or dismissed, the respondent must attend the hearing which will be held
within 14 days of the issuance of the temporary Protection Order. It is in the Court’s ultimate discretion whether to uphold the order after the
hearing, or to modify or dismiss the order.
The following are some areas that are often addressed during the hearing by (or on behalf of) a respondent in order to
modify or dismiss a Protection order:
- The allegations are false or exaggerated.
- There is no objective evidence of the alleged acts other than the petitioner’s testimony.
- The parties subsequently engaged in romantic acts (in order to show that the petitioner was not afraid of the
respondent).
- The petitioner continued to contact the respondent despite the Protection Order.
- The petitioner never called the police.
- The petitioner took a long time to obtain the Protection Order (suggesting that the person was not afraid of the
other person).
- The Protection Order was filed around the same time as the filing for divorce or other legal proceeding, thus
suggesting that the petitioenr obtained the Protection Order for strategy reasons.
- The petitioner is a dishonest person and has engaged in dishonest acts (including not telling the truth in
obtaining the Protection Order).
- The petitioner did not seek medical attention.
- If children are included in the Order of Protection, establishing that the respondent has never harmed his or her
children.
- Both parties engaged in the altercation at issue, thus the respondnet was justified in his or her actions (Note:
This may lead to the dismissal of an Order Of Protection, or may give cause for both parties having their own individual Protection Orders
against the other party).
Can The Petitioner Voluntarily Dismiss The Protection Order?
A petitioner may voluntarily request that the Court dismiss or modify a Protection order he or she has obtained against
another person. The petitioner will need to go back to the Court that issued such order to make such request in person. The decision whether to
modify or dismiss the Protection Order is ultimately in the Court’s final discretion.
Does A Protection Order Guarantee My Safety?
Although a violation of a Protection Order may result in criminal proceedings filed against an offender, the media
regularly reports domestic violence incidents despite such orders. If you feel that the other person may violate the Protection Order (or if he
or she has violated such order), you should call the police and alert them. You should consider providing a copy of your Protection Order to
your employer, your apartment manager, your children’s school and other places you commonly frequent. You should also keep a copy of the
Protection Order with you at all times. You should take whatever additional lawful measures possible to protect yourself and your loved ones.
The State Of Washington provides shelters and other services for victims of domestic violence.
The domestic violence that led to you obtaining a Protection Order may also constitute a crime. Criminal enforcement
mechanisms may be more effective than merely obtaining a Protection Order. Thus, in addition to obtaining a Protection Order, you should
consider contacting the police and asking that charges be filed with regard to any domestic violence or violations of an Protection Order.
Injunctions Against Harassment/anti harassment orders
Anti-Harassment orders may address the some of the same issues as Protection Orders. The Court remedies (i.e.
non-contact orders etc.) are similar to those discussed in the preceding Protection Orders sections.
Anti- Harassment order are available where the parties are not married, are not blood relatives, have not resided
together or do not fall within another relationship category covered by Protection Orders. Common examples include harassment by neighbors,
former friends and the like. Anti-Harrasment orders can be more difficult to obtain for the petitioner and conversely they are often times
easier to defend.
Legal Representation in your Family Law Matter
John L. Davis, will be happy to discuss your options with you regarding
obtaining an Protection Order, Anti-Harassment order or other potential alternatives. Contact our office to schedule an appointment to learn
about this and other family law issues.
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