Temporary Protection Orders
A protection order is a legal document that a judge issues in order to keep someone safe. In order to get a protection order, you need to be able to show that you were a victim of a violent, forceful, or threatening act that resulted in a physical injury or that put you in fear of being physically injured, sexually assaulted, or killed. The document tells the perpetrator of a threat or violent action to stop abusing a particular person or face significant legal consequences. Protection orders can be temporary or permanent, and they can address a wide range of behavior. People who need to seek or fight a temporary protection order in Washington can get sophisticated guidance from the Seattle civil protection order lawyers at Blair & Kim.Proceedings Involving a Temporary Protection Order
A temporary protection order, also known as an ex parte order for protection, is designed to respond to an emergency situation. It protects a victim until the court can hold a hearing to decide whether a final order for protection is appropriate.
In your application for a temporary order, you need to allege that a violent act could result in an irreparable injury to you if the court does not immediately make an order without first letting the respondent know. It is important to consult an attorney who understands what is considered an irreparable injury and who can make sure that you get the protection that you need right away.
What is an irreparable injury? By statute, it is often a situation in which the alleged perpetrator of abuse has recently threatened the victim with bodily injury or has otherwise engaged in violence against them. The temporary order is supposed to include the date and time that it was issued, as well as an expiration date.
The temporary order can restrain anyone from committing violence, stop the alleged perpetrator from entering property that the victim and the perpetrator share, stop the alleged perpetrator from knowingly going within a specific distance from a certain location, stop the alleged perpetrator from removing children with the victim from a court's jurisdiction, or stop the alleged perpetrator from contacting the victim, their children, or others in their household. It can also stop the alleged perpetrator of the abuse from following, harassing, surveilling, cyberstalking, or utilizing other means of monitoring the activity of the victim, their kids, or their household.
When you file an application for an ex parte order for protection, the court holds an in-person or telephone hearing in which you explain why you need the order to the judge. This hearing takes place on the day that you file the petition or the day afterward. The judge will only issue the temporary order if they believe that you are in immediate danger of a serious injury. The temporary protection order lasts for a very limited time — up to 14 days or until there is a full hearing in most cases. However, it can last 24 days if service by publication or by mail is allowed. The ex parte order can be reissued.
In contrast, a final order for protection can be issued for up to one year or even longer. You must make sure to personally serve the respondent with the temporary order, the petition, and the notice of the date on which the court will hear the arguments on the permanent order.
What if the court decides not to grant a temporary protection order? It should state the reasons why it has denied the request, and the denial is filed with the court.Retain a Civil Protection Order Lawyer in the Seattle Area
If you are interested in obtaining or preventing a civil protection order in Washington, you should retain a skillful lawyer who is able to fully understand the consequences of this order or a denial of it. Our firm has both a criminal defense attorney and a family law attorney, so we can evaluate all of the aspects of your situation and coordinate a strategy for how to handle it. We represent people in Seattle, Redmond, Kirkland, Bellevue, and other cities in King County who need a domestic violence lawyer or assistance in proceedings involving other types of protection orders. Call us at (206) 622-6562 or contact us via our online form for an appointment.