Family violence used to be a problem that wasn’t discussed much, leaving victims feeling helpless. However, in recent years courts and legislatures in our state have resolved to provide accessible legal protections against family violence in the form of a Washington State protection order. The process for such an order is fairly simple to use, and by state law the courts provide facilitation services for anyone who is in need of protection from domestic violence. A Washington State protection order, obtainable from any recognized Washington court, can order a domestic violence perpetrator to refrain from all contact with the petitioner and any children involved, if applicable. Furthermore, a temporary Washington State protection order is available on an emergency basis, if the court finds that a need exists.

The process of obtaining a Washington State protection order begins by filing a summons and petition for the order with the court. Among other things, the petition states the scope of the protection sought and the reasons the order should be granted. If immediate protection is required, the petitioner (the person asking for protection) may go to the ex parte department of any court and ask the judge to enter a Washington State protection order on an emergency basis without the respondent’s (the person to be restrained under the order) presence in court. The court will grant the order on a temporary basis if it finds sufficient cause and evidence to do so, but keep in mind that no Washington State protection order is effective unless and until it has been served upon the respondent. However, if the court grants the order, law enforcement officers will provide this service upon the respondent if and when he or she is found. A temporary Washington State protection order will last only for a short time, perhaps a matter of days, until a full hearing occurs, giving the respondent the right to be heard.

Courts have wide discretion to enter protections on a case by case basis, and every Washington State protection order is suited to meet the needs of each case. Finally, once a order has been entered, only the court may modify or rescind the order. Even if the parties agree to contact when the order prohibits it, a restrained person may be arrested for violation of a Washington State protection order.

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