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Protection and Restraining Orders

Protection orders may be obtained under the domestic violence statute and are used to prevent contact between persons where violence or the threat of violence has occurred in a domestic relationship. This relief may be obtained whether a party is seeking a divorce or not. Both Pierce and King Counties have developed procedures by which a party may obtain protection and restraining orders without having to hire an attorney. Both counties have domestic violence advocates available to help those in need of a domestic violence protection order to fill out forms and file documents with the court.

Mandatory forms and other information can be found at restraining order forms.

Other relief may be ordered by the court under the domestic violence statute, such as drug and alcohol treatment, batterer's treatment, and parenting plan evaluations. However, a person may only obtain relief under this statute when domestic violence has occurred, or a serious threat of domestic violence exists. Under Washington State law, restraining orders are available under the criminal and civil anti-harassment statutes for cases not involving domestic violence.

Because of the great need to protect persons who have been or will be victims of domestic violence, as mentioned above, some governments have made the process easy and efficient. However, the existence of a court order by itself does not guarantee the protected person's safety. It may be necessary to be persistent in enforcing boundaries and restraining orders in order to prevent harm. Consulting with a McKinley Irvin Washington State family law attorney about what the options are for protecting oneself and family from a domestic violence perpetrator can help you understand what the law can and cannot do. Furthermore, the law in this area tends to error on the side of the victim, making the entry of unjust restraining orders an unfortunate reality. Again, consulting with a McKinley Irvin Seattle lawyer is a good idea when you are the defendant in a restraining orders action.

For specific statutory language regarding restraining orders, please refer to Chapter 26.50 RCW: Domestic violence prevention.

 

 

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