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This page will help you learn the differences between the types of restraining orders as well as how to get a restraining order in the state of Washington. There are several different types of restraining orders within the state of Washington. Some address the criminal aspect of the violent act and others the civil. Typically the petitioner is requesting the court's protection from an abuser via a civil action. Restraining orders, referred to as Protection Orders within the state of Washington may be requested as part of domestic violence, sexual assault and anti-harassment cases.
Once the protection order has been filed, the abuser is not allowed to contact the victim for any reason at the risk of being found in contempt of court. In return, it is important that the petitioner not contact the abuser for any reason. Doing so could not only provoke a violent act, but also may nullify the injunction. While victims are encouraged to obtain injunctions if they feel endangered, be sure that the situation may not be better resolved through some other type of mediation or counseling prior to enacting an injunction.
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Introduction
Within the State of Washington, a restraining order is an order signed by a judge to protect an individual from various types of abuse.http://www.womenslaw.org/laws_state_type.php?id=102&state_code=WA Victims of domestic violence are eligible to file for a Domestic Violence Order for Protection (DVOP). The victim and his or her abuser must meet the criteria as a "family or household member" to qualify for one of these types of restraining orders or have been in a "dating relationship." If you have been the victim of nonconsensual sexual conduct or penetration, you may be eligible to file for a Sexual Assault Protection Orders (SAPO).http://www.womenslaw.org/laws_state_type.php?id=603&state_code=WA If you do not meet the criteria for the previous two Protection Orders, you may be eligible to file for a Civil Anti-Harassment Order.http://www.womenslaw.org/laws_state_type.php?id=604&state_code=WAStep 1: Understand the Criteria
Understand the criteria and determine which type of protective order applies. To qualify for a DVOP, an individual must be a victim of some type of domestic violence at the hands of another family or household member or have been in a dating relationship with the respondent. Acts of domestic violence include incidents of assault, battery, false imprisonment, kidnapping, stalking, or some type of physical harm.http://www.courts.wa.gov/dv/?fa=dv_order.ordview If the relationship between the abuser and victim does not qualify as domestic, it may be covered through a SAPO or a Civil Anti-Harassment Order. To file a SAPO, you must have been the victim of nonconsensual sexual conduct or penetration, as defined by law. To obtain a Civil Anti-Harassment Order, you must prove harassment by the respondent. Harassment is defined as a series of acts that seriously alarm, annoy, or harass the victim without serving a legitimate purpose and cause a reasonable person to suffer substantial emotional distress.Step 2: Obtain the Necessary Forms
Discuss the situation with the Clerk of the Court at the local county circuit courthouse and request a petition for an order for protection. These injunctions may be granted by the county of residence of the petitioner or the county where the violent acts occurred.http://www.womenslaw.org/laws_state_type.php?id=602&state_code=WA#content-13264 You may also obtain copies of the necessary paperwork from online from the Washington Courts website to complete beforehand.http://www.courts.wa.gov/forms/index.cfmStep 3: Complete the Forms
Complete the petition. Bring it to the courthouse with identification for you and identifying information about the abuser to have it notarized. Provide as much information as possible about the qualifying incidents and how to locate the abuser. It is helpful to provide the court with the following information about the respondent: a photograph, social security number, addresses of residence and employment, phone numbers, description and plate number of the abuser's car, and any history of drugs, violence or gun ownership. Wait to sign the petition until you are in a notary's presence.Step 4: File the Petition
Once the notarized petition is submitted, you will be issued a temporary injunction that will be in effect for fourteen days until the hearing is scheduled. This gives the sheriff's department time to serve the respondent with a copy of the restraining order and the notice of a hearing. At the hearing, the judge or commissioner will hear testimony from the involved parties and determine if the restraining order should be continued or dismissed. If continued, the order will remain in effect until any further order is issued by the court.
