What a Civil Protection Order Is and How You Can Obtain One According to Seattle Law

What a Civil Protection Order Is and How You Can Obtain One According to Seattle Law

People who are threatened by violence have the right to file a petition against another person to request a Domestic Violence Protection Order. Based solely on the threat that someone poses to you, the order isn’t dependent on any criminal charges or arrests being made on file to have one put in place.

What Is a Domestic Violence Protection Order?

A Domestic Violence Protection Order prohibits the abusive person, or respondent, from contacting or harassing the person who files the petition. It has the following effects:

• The abusive person may be ordered not to have any contact with the person who files the petition or to communicate with them through the mail, third person, or by telephone.
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• It bars the respondent from the petitioner’s place of residence. If the petition is accepted, that includes shared residences, schools, places of employment and businesses. That can also include the daycares or schools of minor children.
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• The order can restrain the abusive person from either electronically or physically monitoring or cyberstalking the petitioner.
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• The order might award the custody of any minors to one parent, restrict one parent’s visitation rights, or establish temporary perimeters for visitation with minors.
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• Orders the abusive person to seek counseling or treatment.
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• Stops the abusive person from removing minors from the state.
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• Stops the abusive person from any additional abusive acts.

Who Can Petition for an Order of Protection in Seattle?

• A former or current spouse
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• Adults who have a child, or children, in common
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• Adults who are related by blood or marriage
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• Adults who currently or in the past have resided together
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• Any person who is over the age of 13 and has been in a dating relationship, or is currently in one, with an individual who is older than 16
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• People who are either the legal or biological parent of a child

A Domestic Violence Protection order is not allowed to be enacted until it is served in person.

What a Domestic Violence Protection Order Cannot Do

Even if you can obtain a Domestic Violence Protection Order it cannot:

• Order someone to pay child support
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• Order someone to pay maintenance income to the petitioner
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• Assign any property to one party or the other
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• Establish any permanent custody or ownership of shared residence
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• Guarantee the petitioner’s safety. It is only a part of a comprehensive plan that should be initiated to keep the petitioner safe.

How Do I Obtain a Domestic Violence Protection Order in Seattle?

If you fear for your safety, then you may petition for domestic protection orders in Seattle, the petition forms are available at the District, Superior Court, or Municipality where you reside. You can also go online to obtain the forms.

If you are going to petition for a Protection Order, it is best to get the help of a professional who understands how the process works. While waiting for the petition to be accepted, you can apply for a Temporary Order, which can stand for 14 days. During the 14 days of the Temporary Order, the court will hold a “full order hearing” to put a permanent Protection Order into effect.

Once you petition for a Temporary Order, the respondent is eligible to respond to any allegations you make by appearing at the full order hearing. This is a hearing before the court where the petitioner and the respondent are allowed to give their sides of the story. It is at the full order hearing that the court makes the determination whether or not the Domestic Violence Order of Protection will stand. If you petition for a Temporary Order, then you must appear for the full hearing within the fourteen-day period. If you do not, then your order will not stand.

If you are being threatened by someone, abused, or even stalked or cyber stalked, it is possible to get an order of protection to minimize the potential that you will be abused in the future. It’s a simple enough procedure, because there don’t need to be any arrests, convictions, or police reports made to get a Domestic Violence Protection Order. You just have to complete the petition and show up in court at the full hearing to have the Order made enforceable.