|
QUESTION |
Protection
Order |
Restraining
Order |
Anti-Harassment
Order |
No Contact
Order |
|
WHO MAY OBTAIN THE ORDER? |
CIVIL ORDER
(RCW
26.50)
Any person who is a victim of
domestic violence or fears violence by a "family or household
member." (Persons who are married, divorced, or have a child in
common, adult persons who are related or who reside(d) together and
persons 16 yrs & older who are/been dating). |
CIVIL ORDER
(RCW
26.09 &
26.26)
Married persons or persons w/a child
in common who are filing for divorce, separation, custody or
paternity. To qualify a person doesn't need to be assaulted or
threatened previously. |
CIVIL ORDER
(RCW
10.14)
Persons who are seriously alarmed,
annoyed, or harassed by conduct which serves no legitimate or lawful
purpose. The person does not need to have a relationship with the
person harassing them. |
CRIMINAL
ORDER
(RCW
10.99)
A person who has reported an
incident to the police. Criminal charges must be pending or filed.
May be a condition of sentencing. |
|
WHAT CAN AN ORDER DO? |
Prohibit
contact of any kind. Remove
abuser from shared residence and prohibit from entering. Give
temporary custody of children and set visitation schedule. Can be
tailored to individual needs. |
Can do all
that a Protection Order does. May also order child support, order
maintenance income, assign property to either party, and establish
permanent custody or use of family home. |
Prohibit
harassment and contact of any kind.
Restrain party from coming within a
specific distance from petitioner's residence, workplace, school,
etc. |
Prohibit
contact of any kind while
criminal case is active and can be a condition of sentencing.
Protects a victim while waiting for trial. |
|
HOW IS AN ORDER OBTAINED? |
Can be
obtained in Superior Court Clerk's Office. The judge will review the
paperwork and grant or deny a temporary emergency order effective
for up to 14 days. The other party is served with the petition,
notice of hearing and temporary order. A hearing is scheduled within
2 weeks at which time the judge may deny or grant an order which
could be entered as permanent. Forms provided by
Clerk. |
Can be
obtained in Superior Court as part of a Family Law Action such as
divorce, separation, custody or paternity. A temporary restraining
order can be filed at the filing of the civil petition and signed by
the judge effective until heard in court. Many persons obtain
attorneys to represent them through this process. The prosecutor or
attorney general, when involved in paternity actions, may request a
restraining order on behalf of the child. |
Can be
obtained in District Court. Person files a petition which involves
filling out paperwork. After reviewing your petition, the court may
grant or deny a temporary emergency order effective up to 14 days.
The other party is served w/petition, notice of hearing and
temporary order. A hearing is held within 14 days at which time the
court may deny or grant an order effective for up to one year.
NOTE: If respondent is a minor,
then petition needs to be filed in Superior Court. |
A crime
must first be reported to the police. If the abuser has been
arrested or issued a citation, the victim may ask the prosecutor to
request a no contact order. (Arresting officers can get orders done
immediately) |
|
WHAT IS THE COST? |
There is
no cost to the petitioner. |
Filing fee
is $110.00 but may be waived. |
Filing fee
is $31.00 in District Court and $110 in Superior Court, but may be
waived. |
There is
no cost. |
|
WHAT HAPPENS IF THE ORDER
IS KNOWINGLY VIOLATED?
|
Mandatory
arrest if abuser violates "restraint" provisions or enters a
residence where prohibited from entering. Possible criminal or
contempt charges. |
Violator
may be arrested. Possible criminal or contempt charges. |
Violator
may be arrested. Possible criminal or contempt charges. |
Violator
shall be arrested. |
