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What
is a Protection Order and how does it work?
A Protection Order is a civil
court order that you, the
petitioner, request from the court to protect you from your abuser,
the respondent. The Protection
Order can order an abuser/respondent to stop harming you, stop having
contact with you, stop contacting you at your work or school, or at
your children's school or daycare.
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Specifically,
the Protection Order can:
· Order the respondent
to stop doing violent acts.
· Order the respondent not to come to your home.
· Order the respondent to stop contacting you, or harassing you
on the street, by mail, on the phone, at school or at work.
· Say who your children can live with for now and when the respondent
can visit them.
· Order the respondent to get treatment or counseling (this typically
happens as a condition of visitation with your children).
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The
Protection Order cannot:
· Order anyone to pay child support or maintenance.
· Give property or belongings to anyone.
· Say where your children should live permanently, or who can
live in your home.
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Do
you have to be married, dating, or have children together?"
No. The Protection Order covers a range of different relationships,
including:
· Husband, wife or partner (present or past).
· Father or mother of your children.
· Adults related by blood or marriage.
· Adults who live together now, or used to live together.
· People 16 years and older who are, or were, dating.
· Parents and children, including in-laws and stepfamilies.
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Where
do I get a protection order?
You can request a temporary Protection Order at your nearest court (Superior
Court, District Court
or Municipal Court).
The temporary Order lasts two weeks. After that, you will return to
court and appear before a judge who decides whether or not the court
can grant a full Protection Order that lasts for a year or longer.
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What's
the difference between a "Protection Order" and a "Restraining
Order"?
There are four different types of court orders in King County. Understanding
the differences between the four can be confusing.
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The
four types of court orders are:
· Protection Order - This is a civil order for victims
of domestic violence who have been assaulted, threatened, or stalked
and are afraid of being hurt again. The court tells the "family
or household member" who threatened or assaulted you not to harm
you again. This order is requested by the victim at any local court.
There is no cost for the Protection Order.
·
No Contact Order - This is a criminal order for victims of domestic
violence, after criminal charges have been filed by the Prosecuting
Attorney against the abuser in court. Filing criminal charges happens
after the police have responded to a 911 call, taken a report, and forwarded
the papers to the Prosecutor. You do not have to fill out a petition,
because it is part of a criminal action. You may be asked by the Prosecutor
if you want a No Contact Order. No Contact Orders are requested by the
Prosecutor when they are concerned about your safety. A No Contact Order
stops the abuser from contacting you through phone, letter, or by sending
messages through your friends or family. This order is intended to protect
you while the criminal case is going on.
·
Restraining Order - This is a civil order that is usually issued
along with divorce, legal separation, paternity or child custody case.
It covers property, child support, maintenance and custody issues. A
Restraining Order prohibits someone from contacting another person,
or doing violent acts. This order is usually filed by the lawyer representing
you in Superior Court.
·
Anti Harassment Order - This is a
civil court order that is filed by someone who has been annoyed
or harassed by another person, such as a neighbor, coworker or stranger.
This order prevents the other person from contacting you or coming to
your house, school or workplace.
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How
long does it take to get a Protection Order?
It will take a few weeks to get a full Protection Order. You may have
to spend several hours in court on at least two different days. The
first time you will fill out forms and show them to a judge or commissioner
for a temporary Protection Order. About two weeks later you will come
to a court hearing for a full Protection Order. All this can take time
so try to arrange childcare if possible.
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How
much does it cost?
There is no cost for filing for a Protection Order. You will be given
the number of extra copies that you need.
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Do I have to give my address?
Yes, the forms will ask for your address. However, if you are worried
about giving out your address, check the "confidential" boxes
in the paperwork. Additionally, there is another form that asks you
to provide your address that will go to the police for service on the
respondent. This form
is called the "Law Enforcement Information" sheet. Please
talk with an Advocate about
writing your address on this form.
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How
long does the Protection Order last?
The temporary Protection Order is good for up to two weeks. The full
Protection Order is in force for a year or more.
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Can
I change or drop the protection order later?
Yes. You can go back to court and ask for the Order to be changed ("modified")
or ended ("terminated"). Call the Protection
Order Advocacy Program to learn more about modifications or terminations.
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If
I am granted a one-year or longer Protection Order can I "renew"
it when it expires?
You can come to court and petition to extend your Protection Order.
However, this decision will be up to the Judge, and will depend on your
circumstances.
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Could
my abuser or I be deported if I file for a Protection Order?
Some people worry that they could be reported to the immigration authorities
if the police or courts find out they don't have the right papers. Even
if you or your partner are in this country illegally, the Protection
Order can still be an important tool to protect you and your children.
Your Legal Advocate and
your Community Advocate
can help you sort out your concerns.
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