Protection Order Defense Attorney

Washington Law on Protection Orders

There are several types of protection orders recognized by Washington state law, each of which is designed to address specific situations based on the relationship between the parties and the nature of the threat or harassment. The standard of proof is lower for a petitioner in a protection order case than it is for a criminal case. Rather than needing to prove their allegations beyond a reasonable doubt, a petitioner only must show that it is more likely than not that the offensive conduct occurred.

Here’s an overview of the various kinds of protection orders available in Washington:

• Domestic violence protection orders: Issued when the petitioner shows that the respondent has committed an act of domestic violence.
• Sexual assault protection orders: Issued when the petitioner shows that the respondent sexually assaulted them.
• Anti-harassment orders: Issued when the petitioner proves unlawful harassment that seriously alarms, annoys, or is detrimental to them.
• Stalking protection orders: Issued when the petitioner proves stalking and a reasonable fear of injury.
• Vulnerable adult protection orders: Issued to protect seniors or other vulnerable adults from abuse, neglect, or financial exploitation.
• Extreme risk protection orders (“red flag” laws): Issued to prevent individuals who might seek to harm themselves or others from obtaining or possessing firearms.

Sometimes, the petitioner and the respondent come to a compromise before the official hearing through a written agreement. As part of this agreement, the respondent usually agrees to limit their behavior in some way. In return, the petitioner agrees not to seek a full protection order.

Agreements like this usually need to be arranged by attorneys for both parties. That’s because they’re negotiated while the temporary order is in effect, and the temporary order usually prohibits the respondent from having any communication or other contact with the petitioner. In this case, the respondent can only communicate through their attorney.

Penalties for Protection Orders

A civil protection order alone cannot put you in jail, but the consequences can be significant. In addition to having to disclose the order to some employers, a judge or commissioner can order you to treatment. These orders can affect custody of your children or your ability to live in your own house. Firearm rights are often compromised by protection orders.

Most protection orders expire around one year after they’re issued. Sometimes, they’re granted for longer periods. In some cases, they can even be permanent.

Orders that aren’t permanent can be extended, though this can only happen if the petitioner applies for an extension shortly before the order expires.

While it’s relatively easy for a petitioner to get a temporary order, the courts won’t endlessly indulge those who file groundless petitions. The law generally prohibits issuing a temporary order to someone who has already received two temporary orders against the same respondent without convincing a court to issue a full order.

Other Potential Consequences

Violating a protection order is a crime. A respondent who does so can be arrested immediately and be subject to criminal prosecution. A conviction could mean facing penalties like fines and jail time on top of the protection order.