Understanding Restraining Orders and Orders of Protection
Compliance and Legal Obligations
What is a Domestic Violence Restraining Order?
A domestic violence restraining order (DVPO) is a protective order issued by a family court to protect the petitioner from an intimate partner or family/household members in any case of respondent domestic abuse:
- Physical harm
- Injury
- Assault
- Threat of physical harm, bodily injury, or assault
- Nonconsensual sexual conduct
- Nonconsensual sexual penetration
- Coercive control
- Unlawful harassment
- Stalking
Ex Parte Temporary Order for Protection
This restraining order can be requested by a petitioner until the court hearing for the final order for protection. The judge grants this protection if they believe the petitioner will be in immediate and grave danger of being injured from domestic violence (RCW § 26.50.070, Section 1).
In this restraining order, the legal obligations of the respondent are any or all of the following:
- Any act of domestic abuse described above towards the petitioner,
- Keep away from the petitioner's residence (either the respondent and the petitioner owns), work, school or school or daycare of their child,
- Keep away from the petitioner within a certain distance from a specific location,
- Not interfere with the petitioner's custody of minor children or remove children from the court's jurisdiction,
- Not contact the petitioner or their children or members of their household,
- Not to harass, follow or physically or electronically surveil the petitioner,
- Not to monitor the petitioner, their children, or household members through audiovisual, electronic, or telephonic means, and
- Surrender their firearms if evidence has shown that the respondent has used, shown, or threatened to use a firearm or another dangerous weapon in a felony or is unlawfully possessing a firearm as described in RCW § 9.41.800.
This order can last up to 14 days. It can even last up to 24 days if the court allows service by publication or mail. The respondent will be personally given a copy of the petition along with the time and date of the hearing for the final order of protection.
Final Order for Protection
This restraining order in domestic violence cases is issued in the court hearing. During the court hearing, the respondent and petitioner can present their sides of the story, evidence, witnesses, and more. This protection order can last for a fixed period or become permanent.
In the final order for protection, the respondent must comply with any or all of the following legal obligations:
- Any act of domestic abuse described above towards the petitioner,
- Not to harass, follow or physically or electronically surveil or cyberstalk the petitioner,
- Not to monitor the petitioner, their children, or household members through audiovisual, electronic, or telephonic means,
- Move out of the residence that they share with the petitioner,
- Keep away from the petitioner's residence (either shared with the respondent or the petitioner), work, school or school or daycare of their child,
- Keep away from the petitioner within a certain distance from a specific location,
- Not contact the petitioner or their children or members of their household,
- Pay for administrative costs and service fees and reimburse the petitioner the costs of bringing the action to court,
- Participate in a batterer's treatment program,
- Participate in electronic monitoring, and
- Surrender their firearms if evidence has shown that the respondent has used, shown, or threatened to use a firearm or another dangerous weapon in a felony or is unlawfully possessing a firearm as described in RCW § 9.41.800.
If the respondent's legal obligation to avoid contacting their minor children is included, that obligation only lasts up to a year. The petitioner can renew it upon request.
However, complying with said legal obligations of a protective order can be challenging.
What Happens if You Violate a Restraining Order in Washington State?
Violating a no-contact restraining order is a criminal offense and will subject the respondent to an arrest as stated in RCW § 9A.46.080. If the restraining order is violated, the petitioner can report it to the police. The incident will be recorded, and a written certified copy will be given to the petitioner by the court clerk.
The court may issue an order to the respondent to be put on trial within 14 days if they or they should not be found in contempt of court and be penalized accordingly. [5]
The first violation of the court order can be classified as a gross misdemeanor. Under RCW § 9A. 20.021, a gross misdemeanor faces imprisonment of up to 364 days, a fine of up to $5,000, or both. If the first offense resulted in reckless endangerment or assault, it would be classified as a Class C felony.
However, if two more violations occur after the first gross misdemeanor, it would also be classified as a class C felony, where penalties include imprisonment of up to five years, a fine of up to $10,000, or both.
Aside from penalties, violating a protection order for domestic violence can also negatively affect the outcome of the final hearing.
To avoid these violations, respondents would need compliance strategies at their side.
The Challenge of Restraining Order Compliance
Prohibited contact can be direct, such as seeing each other. Or indirect, like a text message. Even if the petitioner did not object to the communication, it is still considered a violation on the respondent’s end. Here are other indirect contacts that can be regarded as violations of protective orders in domestic violence:
- Phone Calls,
- Emailing,
- Social Media,
- Letters, or
- Using a third person as a “middleman.”
With the legal obligations expected from the respondent above, complying with them may be more complex. Answering a phone call from the petitioner makes the respondent violate the restraining order put against the respondent.
Call Note & Kidd today to schedule your free consultation.
Note & Kidd: We Help You Keep Compliance and Contest Violation Allegations
An innocent mistake can cause you a violation. Here at Note and Kidd, we will inform you of what to expect and how to avoid making violations, even if some petitioners may take advantage of it.
If you are already facing violation charges, then we will be there for you to contest them.
A violation charge requires proof that:
- ) A valid protection order was placed.
- ) The respondent was given valid information about this order.
- ) The prohibited contact was made.
You do not have to do this alone. Stay calm and schedule an appointment with us today.
Contact us, let’s talk about your options.
Contact us, let’s talk about your options.
Our lawyers have successfully dismissed or minimized penalties from more than 1,000 cases. As your defense attorneys, we are there to demonstrate that the contract breach was accidental or that you were unaware of the protective order for domestic violence. We are there to present evidence and prove that you did not fit the requirements above to be convicted of restraining order violations.