Type of Orders Where to go for Help
|Kind of Order||Who May Obtain?||Where do you obtain From?|
|NO-CONTACT ORDER||Incident must have been reported to the law enforcement. Criminal charges must be pending.||No-Contact Orders are available through the court in which the abuser has been charged: District Court, Municipal Court or Superior Court|
|ANTI-HARASSMENT ORDER||A person, not related or living with the harasser, who has been seriously alarmed, annoyed or harassed. This is an order, which may be obtained by the victim of harassment.||District Court|
|DOMESTIC VIOLENCE PROTECTION ORDER||A person over 16 years of age who has been the victim of physical harm or fears imminent physical harm from a family or household member (includes dating relationships)||District Court if there are no children in common involved. Superior Court only if case involves children, or ordering person to vacate the home|
|RESTRAINING ORDER||This order is available only if Divorce, Dissolution of Marriage, Legal Separation, or Child Custody proceedings are being or have been initiated. This Order takes precedent over Domestic Violence orders. Obtaining a Rest-raining Order is complex and expensive. The victim may be unable to obtain a Restraining Order without hiring an attorney.||Superior Court only|
Pattern forms are available for certain types of actions on the
State Administrator for the Court's web-site
TYPES OF PROTECTION ORDERS AVAILABLE
(Instructions for clients of Superior Court)
- DOMESTIC VIOLENCE ORDER OF PROTECTION This is the most commonly requested order.
It is a civil order for the court telling the family or household
member who threatened or assaulted you not to harm you again.
A protection order CAN:
- Order the respondent not to threaten or hurt you.
- Order the respondent not to enter your residence.
- Give one parent temporary custody of children.
- Set a schedule for visitation with minor children.
- Order the respondent to leave a shared residence.
- Grant you possession of essential personal effects.
- Grant you use of a vehicle.
- Order the respondent to attend counseling.
A protection order CANNOT:
Order child support.
Order maintenance (alimony)
Assign most property to either party.
Establish permanent child custody or use of the shared residence.
The Clerk will give you the forms to fill out. The person who is asking for the Domestic Petition Order is called the PETITIONER. The person they are filing against is called the RESPONDENT. After the forms are filled out, you will speak to a judge about your case. A temporary order may be signed, which is good for up to 14 days. A hearing will e set within the 14 days, and the respondent will be given the notice of that hearing. At the hearing, the court will listen to testimony. If the respondent appears, the court will hear from both sides. If accepted, the court will issue the Order of Protection, which is good for one year from the date it is signed.
The Petitioner can petition for relief on behalf of themselves or on behalf of the minor family member of a minor household member, and they must have lived with the respondent as husband and wife, or in a similar arrangement.
The Petition must be filed in the county where the Petitioner lives, unless they go to another county to avoid abuse.
- RESTRAINING ORDERS
This is broader than a Domestic Violence Protection Order, since it can deal with property issues, child support, spousal support, as well as domestic violence and temporary custody issues. A restraining order is filed as part of a DIVORCE CASE, A PATERNITY CASE, OR OTHER FAMILY LAW CASE. If you are concerned about preventing the Respondent from disposing of assets during your separation, you might contact an attorney to see about getting a RESTRAINING ORDER.
- NO-CONTACT ORDER
This type of order does not require you to fill out a petition because it is part of a criminal action.
- CIVIL ANTI-HARASSMENT ORDER
This order typically applies to situations when the persons are not married or related to each other. This is filed in District Court.
PRACTICE OF LAW FORBIDDEN
**RCW 2.32.090: Clerk not to practice law. Each clerk of a court is prohibited during his continuance in office from acting, or having a partner who acts, as an attorney of the court of which he is a clerk. (It is a definite and posted office policy that employees will not give legal advice to members of the public or engage in anything that might constitute the practice of law.)