Seattle Domestic Violence Protection Orders

Seattle Lawyers Skilled in Criminal Defense and Family Law Matters

Domestic violence protection orders are civil orders that are designed to protect individuals from harm by a family member or another person of either gender in their household. A judge signs the order, and it instructs an abusive person to stop the violence or face contempt of court and other consequences. Sometimes there are both family law and criminal law issues that arise in connection with trying to obtain or defend against a domestic violence protection order. It is important to retain an attorney who thoroughly understands how to obtain an order and the impact of an order on a family as a whole. The Seattle civil protection order lawyers at Blair and Kim have 40 years of combined experience in criminal defense and family law, and we can address both areas of law when a matter related to domestic violence arises.

Domestic Violence Protection Orders

Under Washington law, domestic violence may include an array of harmful behaviors, such as causing bodily or physical injuries, threatening imminent physical harm, sexual assault, and stalking. It may include pushing, hitting, biting, choking, or using a gun. Actions are considered domestic violence when they occur between family and household members with relationships that are specified under the statute. These include spouses, former spouses, people with a child in common, people who are dating, adult people related by blood or marriage, adults who live together, and people who have a parent-child relationship or a grandparent-grandchild relationship.

A domestic violence protection order is meant to assist an abuse victim in leaving a relationship. In order to get the order, a victim needs to prove that there was a qualifying domestic relationship between the parties. They also need to show that the alleged perpetrator committed an assault, caused physical harm or a bodily injury, engaged in stalking, or created a fear of imminent physical harm, bodily injury, or assault.

The order may require the alleged perpetrator to stop committing the domestic violence, require them to surrender weapons, require them to participate in treatment, and require them to stay a specific distance from the victim or a particular location, or it may restrain the alleged perpetrator in other ways.

There are two different types of domestic violence protection orders: ex parte temporary orders and final orders for protection. The former type is intended to provide protection for a fixed period lasting up to 14 days, during which time the court is supposed to hold a hearing for a final order of protection. The judge holds a hearing initially, and at that hearing, the person applying for the order specifies why it is necessary. The alleged perpetrator does not need to have notice of the hearing and is not present. A temporary order is granted when the person applying for it can show that they are at immediate risk of severe harm. The order will state an expiration date.

A final order for protection is only issued after a court hearing is held, at which both parties have the opportunity to advise the court of what happened from their respective perspectives and present evidence, usually including witness testimony. The final order may be for a specific period of time, or it may be permanent. When it is for a fixed period, the person applying for protection may ask for a renewal. There is a caveat, in that if the order prevents an abuser from contacting minor children, that aspect of the order may last only for one year, although the person applying for protection may ask for a renewal.

Who Can Petition for a DVPO in Washington

A DVPO is only available when the person asking for protection and the other person have a qualifying relationship. If the relationship does not qualify, another order, such as an anti-harassment protection order, may fit better. These are the questions we hear most often.

How to File for a DVPO in King County / Seattle

1. Choose where to file. Most petitions are filed in King County Superior Court, at the Seattle courthouse or the Kent courthouse. Some may be heard in district or municipal court. Filing is generally proper in King County if you or the other person live there or the incidents happened there. Washington does not charge a filing fee for a DVPO petition.
2. Complete the petition. Use the statewide protection order petition form. Describe specific incidents with dates, locations, what was said or done, any injuries, threats, weapons, or stalking, and any pattern of control. Then request the protections you need, such as no contact, stay-away distances from your home, work, and children's school, weapon surrender, or exclusion from a shared residence.
3. Attend the ex parte hearing. A judge reviews the petition, often the same day you file. The other person is not present and does not get advance notice. If the judge finds an immediate risk of harm, a temporary order is signed and a full hearing is scheduled.
4. Make sure the other person is served. The petition, temporary order, and hearing notice must be served on the other person. You cannot serve them yourself. Law enforcement or a process server can do it.
5. Prepare for the full hearing. Both sides may submit written statements and evidence by the court's deadlines. At the hearing the judge hears testimony and decides whether to issue a final order and for how long. The temporary order generally stays in effect until then.

What to bring:

• Photo ID
• Photos of injuries or damaged property
• Texts, voicemails, emails, and social media messages
• Police report numbers and medical records
• Names and contact information for witnesses
• Any prior orders or related case numbers, such as a divorce or parenting case
• Addresses for the home, workplace, and children's school, plus the other person's address, workplace, and vehicle details to help with service

If you are in immediate danger, call 911. Our team can help you prepare the petition and represent you at the hearing. Call (888) 478-4001.

What Happens If the Order Is Violated?

Violating a DVPO is a crime in Washington, separate from the conduct that led to the order. Police are generally required to make an arrest when they have probable cause that an order was violated. Depending on the circumstances, a violation can be charged as a gross misdemeanor or, in some situations, a felony. The protected person cannot cancel the order by agreeing to contact. Only the court can change it.

Read more: Can the Protected Person Invite You Back Without Ending the Order? and Is It Still a Protection Order Violation if Someone Else Makes the Call?

Whether you are the protected person or the person accused, speak with an attorney promptly. Call (888) 478-4001.

Frequently Asked Questions