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An “Order of Protection” (as it is called in Washington State) is a special legal order available to victims of domestic
violence. It orders that the person who has been committing the acts of violence to be restrained from further acts of assault or threats.
When you are the victim of domestic violence and need
to ask the court for a civil order of protection to
restrain someone, you are filing a civil (non-criminal)
case. In the legal documents that are used in the case,
the people involved are called:
  Petitioner
– the person who is asking for the order for
protection. The petitioner is usually the victim of
domestic violence, but can be the victim’s parent
or legal guardian.
Respondent
– the abuser, the person you are filing the
order against.
 Who can
get one?
Anyone
who has been physically, emotionally or sexually abused by a spouse, former spouse, family member, partner, other parent of your child, current
or former roommate, or current or former person in a dating relationship.
Anyone who has been
stalked-repeatedly harassed to the point of being terrorized, intimidated or threatened.
What
Protection Does The Order Provide?
An
Order for Protection can:
Order
that the Respondent is restrained from committing
acts of domestic violence
Exclude
Respondent from Petitioner’s residence or residence
shared by the petitioner and respondent
Prohibit
Respondent from harassment, stalking, and/or contacting
the petitioner (on the street, by mail, by telephone,
at school, at work)
Award
temporary custody of minor children to one parent,
establish temporary visitation
Order
Respondent to participate in treatment or counseling
Prohibit
Respondent from removing the children from the jurisdiction
of the court
Order
the Respondent to pay for the administrative court
costs and service fees and to reimburse petitioner
for costs incurred in bringing the action
Order
the Respondent to surrender weapons and concealed
weapons permit if a weapon was used in the incident
How
Much Does An Order For Protection Cost?
There
is no fee for an Order for Protection.
An
attorney is not required to file for an Order for
Protection
Is
There Help Available For The Protection Order Process?
The
Protection Order Advocacy Program
206-296-9547 Seattle
206-205-7406 Kent
Assistance
in preparation of the temporary order
Preparation/advocacy/attendance
at Protection Order hearings.
Eastside
Domestic Violence Program 425-746-1940 or
800-827-8840
Information/prep/safety
planning regarding Protection Orders
Court
accompaniment for clients (Subject to legal staff
availability)
How do I
get one?
You can file for an
order for Protection in any District, Municipal or Superior Court in any county in Washington
If either children
or property are involved in the case then the full order hearing will take place in Superior Court.
How Do I
Find The Court Location?
Contact the
Protection Order Advocacy Program
At the King County Courthouse in Seattle 206-296-9547
At the Regional Justice Center in Kent 206-205-7406
Contact Eastside
Domestic Violence Program on the 24-hour crisis line for court locations in East and North King County 425-746-1940 or 800-827-8840
Consult the Blue Government Pages in your local phone book for other court
locations.
What should
I bring?
Bring any
information that supports the facts - police reports, medical records, photographs.
Have as much
information about your abuser as you can--date of birth, hair color, eye color, height, weight, address, Social Security number, driver's license
number, etc.
Any court documents you
have--custody orders, lease agreement, divorce papers, etc.
There is no fee for
filing an Order of Protection. You will be provided with the necessary number of certified copies at no cost to you. Keep one copy with you at
all times.
What
should I expect when I get there?
It will take two or
three hours to fill out the forms and try to get a judge’s signature. Please try to be at the Courthouse no later than 2:30 p.m.
The first step is
to fill our forms that ask the court for a Temporary Order for Protection and an Order for Protection. You will be asked to describe the most
recent incident of abuse and a history of the domestic violence.
A Judge or
Commissioner will review your paperwork, possibly ask some questions and decide whether to grant or deny the Temporary Order for Protection.
A full order
hearing will be held 14 days later. The respondent needs to be served 5 days prior to the hearing. Both the Petitioner and the Respondent
attend the full order hearing.
At
the full order hearing the court will decide whether
to grant or deny an Order for Protection effective
for one year or more.
After the hearing,
if the order is approved, you can request as many certified copies as you need at no extra charge.
Can I
Change The Order Once It Has Been Approved?
This Order may
be modified or terminated prior to the expiration of the order. Please contact the issuing Municipal, District, or Superior Court for further
information about the process for modification or termination of an Order for Protection.
What
Happens If The Order For Protection Is Violated?
Call 911
immediately. Show the law enforcement officer a certified copy of your order.
If the
Respondent has been served with the order he may be immediately arrested or issued a citation. Mandatory arrest if the Respondent violates the
restrain provisions or goes on to the ground of a residence, workplace, school or daycare where prohibited; for other violations possible
criminal charges or contempt charges.
Orders of Protection can be an important part
of an overall safety plan.
For
Additional Information –
See the Domestic
Violence Protection Order Site for Seattle/King County (www.protectionorder.org) for more detailed
information about the laws against domestic violence, courts and the protection order process.
This information is
available in a variety of languages.
You may also
download Protection Order forms for this site.
If you need assistance or if you have questions,
call our 24-hour crisis line
425-746-1940 or 1-800-827-8840
(V/TTY available 8am-5pm)
© 2000-2003 Eastside Domestic Violence Program
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