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What
happens when I go to court?
On your first trip to court you will fill out the forms to ask, or petition,
the court for a temporary Protection Order. The form (called a "Petition
for Order for Protection") will ask you to describe the most recent
incident of domestic violence, and to write about the past history of
violence.
Next,
a Judge or Commissioner will look at your paperwork, and may ask you
some questions. This person will decide whether or not to give you a
temporary Protection Order, which is good for two weeks. In two weeks
time, a hearing will be held to decide whether the court will give you
a full Protection Order. During these two weeks, the Respondent
will be "served" both the Petition and the temporary Protection
Order, and notice of the hearing date.
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What
should I bring to court when I fill out the paperwork to ask the judge
for a temporary (two-week long) Protection Order?
Because the respondent needs to be served copies of the papers that
you fill out, bring the respondent's home and/or work addresses and
social security number, if you have it. You will also be asked to provide
the respondent's birth
date for the paperwork. If you don't have this information you can still
apply for a Protection Order. Ask your Advocate
for help.
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What
can I expect at the second hearing for full Protection Order?
At this hearing, the court will decide whether or not to give you a
full Protection Order, which lasts for a year or longer. At this hearing,
the respondent has opportunity
to come to court as well. You should come to this hearing, whether the
respondent has been served or not. If you do not come, the court will
have to dismiss the case and you will not be protected by an Order.
If
the respondent contests (challenges) the Commissioner/Judge granting
you the Order, the Commissioner/Judge will ask you and the respondent
to talk about the abuse and/or threats described in the petition.
Your
actual hearing before the court should last between 15-30 minutes, but
plan to spend the entire morning or afternoon if you have a p.m. hearing
time. Many other cases are scheduled for any given day so it's impossible
to know how many cases will be heard before yours.
Helpful
hints:
- Be
on time.
- Don't
bring your children if possible.
- Bring
all your paperwork.
- Bring
all police reports and affidavits.
- Talk
directly to the judge, not to the respondent.
- Tell
the truth.
- Speak
clearly.
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Can
I get help with the Protection Order process?
Yes. There are Domestic Violence Victim Advocates in many of the courts
who are there to help you in the Protection Order process. Protection
Order Advocates have special training and knowledge of Protection Orders.
They are there to support you, and to make sure your questions are answered
and that you understand the process. Community-based Legal
Advocates are also available to help you through local domestic
violence agencies.
Protection
Order Program Victim Advocates can:
- Support
and assist you through the court process.
- Help
you get a Protection Order.
- Coordinate
with court staff, prosecutors, probation, law enforcement and counselors.
- Provide
information and referrals to help in the community
- Community
Advocates and Community
Legal Advocates may also be helpful whether or not you are being
assisted by a Protection Order Advocate.
Community Advocates can help you with issues like housing and counseling
services. They can:
- Provide
support for you and your children.
- Educate
you about domestic violence.
- Help
you figure out what to do next, and how to stay safe.
- Provide
information and refer you to community services, such as shelters,
housing, public assistance, day care, counseling and support groups.
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How
do I get in touch the Protection Order Advocates?
In King County there are two Protection Order Advocacy Programs at:
- King
County Courthouse in Seattle
- Regional
Justice Center in Kent.
There
are also Advocates at some
District and Municipal
courts who may be available to assist you.
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Will
I need a lawyer?
No. You have the right to bring your lawyer if you want, but you don't
have to. Your Court
Advocate will help and support you through the process.
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Can
I get an interpreter?
Ask your Legal
Advocate to help arrange for an interpreter. In Superior
Court there are interpreters that can be requested.
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