Protection orders are crucial legal tools designed to safeguard individuals from harm, harassment, or abuse.
What is a Protection Order?
A protection order is a court order that prohibits an individual from engaging in specific actions or behaviors toward another person. These orders are typically issued in cases involving domestic violence, harassment, stalking, or other forms of threatening behavior. Types of protection orders can vary by county. Spokane County allows for filing of protection orders in both District Court and Superior Court; your circumstances will dictate which type of protection order you can or should petition for.
Types of Protection Orders:
- Domestic Violence Protection Orders: These orders are sought by individuals who have experienced domestic violence or fear for their safety due to a family or household member’s actions.
- Anti-Harassment and Stalking Protection Orders: Designed to protect individuals from harassment, threats, or stalking by someone who is not a family or household member.
- Sexual Assault Protection Orders: Issued to protect victims of sexual assault or exploitation from further harm or contact by the perpetrator.
- Vulnerable Adult Protection Orders: Aimed at protecting vulnerable adults from abuse, neglect, or financial exploitation.
Spokane County outlines the parameters for filing in District or Superior Court based on your relationship with the other party. If you are in or have been in an intimate relationship with, have children with, or are married to the other party, you must file in Superior Court for any of the above-types of protection orders. District Court only allows for Anti-Harassment, Stalking, and Sexual Assault protection orders against parties with whom you have not had an intimate relationship with (think anywhere from coworker to neighbor to casual acquaintance).
Process for Obtaining a Protection Order:
- Filing the Petition: The process typically begins with filing a petition for a protection order with the court. This document outlines the reasons for seeking the order and provides details of the alleged harassment or abuse. If you have evidence to support the petition, now would be the time to file them.
- Service of Documents: All documents filed, including any temporary protection orders issued by the court, must be served on the opposing party. This can be done through a third party contact, process server, or law enforcement. Depending on the type and terms of the protection order, the Court may require that service be done by law enforcement.
- Court Hearing: After the petition is filed, a court hearing is scheduled where both parties have the opportunity to present their case. At the hearing, the Commissioner will decide if there is enough evidence to issue a final protection order. Both parties may present evidence and oral testimony at this hearing. If the Commissioner decides there is not enough evidence supporting the claims in the petition, they may dismiss the matter and any temporary protection orders will be rescinded.
- Issuance of Order: If the court does find sufficient evidence, a final protection order will be issued, outlining the specific terms and restrictions against the restrained party. This protection order may be registered with local law enforcement.
Terms and Conditions of Protection Orders
Protection orders may include various terms and conditions depending on the situation, such as:
- Prohibiting contact with the protected individual.
- Restricting proximity to certain locations, such as home or workplace.
- Surrendering firearms or weapons.
- Mandating counseling or anger management programs.
Enforcement and Violations
Violating a protection order is a serious offense and can result in legal consequences, including fines, jail time, or further restrictions. All temporary and final protection orders signed by the court are enforceable by local law enforcement. It’s crucial for both parties to understand and comply with the terms outlined in the order to avoid legal complications.
Seeking Legal Assistance
Navigating the process of obtaining or challenging a protection order can be complex and emotionally challenging. Depending on your circumstances, you may know the opposing party well or not really well at all. Gathering evidence, drafting your legal documents, appearing in court, and presenting your case to a Commissioner or Judge are only a few of the critical pieces of obtaining a protection order. If this thought is overwhelming to you, now may be the time to consider obtaining legal assistance.
An attorney can not only help guide you through the process, handle all communication on your behalf with the opposing party, and advocate for you in court, but a good attorney can also provide reassurance through what can be an extremely difficult time in your life.
Veritas Law is experienced in navigating the court system in Spokane County and our firm is dedicated to providing the utmost care and consideration to all clients — especially those seeking protection from domestic violence, harassment, and stalking. If you or someone you know needs help navigating the process of filing for a protection order, don’t hesitate to reach out to our dedicated legal team today.
