Prepare your documents for Domestic Violence Protection Order

According to the Washington State law, RCW 7.105.010, a person is suffering from domestic violence from another if they have a qualifying relationship, and if the harm caused is listed in the legal definition of domestic violence.

Qualifying relationships include ALL romantic relationships such as current or ex-husband or wife, current or ex- boyfriend or girlfriend, current or ex- registered domestic partners, coparents or a dating couple. It also includes family and household members

The harms listed in the definition are

• Physical harm
• Nonconsensual sexual contact
• Making the victim to be fearful by threats for example by flashing a gun, verbal threats, gesturing to strangle or driving recklessly with the victim or her loved one in the car
• Controlling behavior such as
  • Locking up the victim
  • Isolating victim from loved ones, job, education or hobbies
  • Destroying the victim’s phone, car, IDs, finances or other basics
  • Blackmailing the victim or their loved ones with threats to

• • • cancel healthcare, career or schooling
    • reveal secrets such as immigration status, medical info, or sexual orientation

• • • commit suicide

• Harassing the victim by repeated irritation or contact without lawful need
• Stalking or monitoring the victim in person or online
• Bullying or impersonating the victim online including on social media

The Domestic Violence Protection Order (DVPO) can require any number of the following items from your abuser:

• To not contact you and stay away from you (including move out)
• To not have a gun;
• In case you share children, then follow child custody and visitation orders
• Release personal or household items such as
  • Passport or other IDs
  • Cell phone
  • Pets

A restraining order cannot:

• End your marriage or domestic partnership. It is not a divorce.
• Establish parentage (paternity) of your children with the restrained person (if you are not married to, or in a domestic partnership with, him or her)

Washington State Law makes it a crime for a person to violate the terms or conditions of a court-issued DVPO.  Violation of a protection order is usually considered a gross misdemeanor as defined in RCW 7.105.450

, which defines as punishable by up to one year in jail, a maximum fine of $5,000, or both..

But a second-offense violation of a restraining order, or a violation that involves an act of violence, can be charged as a felony and punished by up to 3 years in jail or prison.

There are no fees for getting a domestic violence restraining order (DVPO).

No, a lawyer is not required.

However, having a lawyer in any legal situation can benefit you.

You can get a temporary protection order the same day as you file depending on the urgency of your situation.

File early in the day to improve your chances of same day order, otherwise the order would be issued the following day when courts open.

Courts are generally open Monday-Friday and closed on Saturday-Sunday.

Court holidays at the King County can be seen here.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled within 2 weeks of filing.

At the hearing a formal order may be issued.

A DVPO is typically issued for one year but you can ask for a different period in your petition.

In California, about 72 thousand domestic violence restraining order cases were filed over the 12 month period July 2019 - June 2020.

A DVPO can have several effects on the final divorce agreement.

Firstly, presence of domestic violence does not affect your chances of divorce, a that requires no particular reason. In Washington, there is no need for faults or any ground for divorce. So even if your spouse is accused of domestic violence, the divorce proceeds as is.

However, a DVPO can affect

• The accused to move out of the house
• Have limited child custody
• In certain cases be ineligible to receive spousal support (alimony)
• And other effects