Sample Restraining Order Form With Attorney In Washington
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If you believe someone is harassing you in Washington State then you can go to district or superior court and file a “petition” under oath stating why you believe the court should issue an anti-harassment order. There are standard forms that can assist in this process and are on the Washington Courts website.
To prevail, you'll need to prove that the person “seriously alarmed, annoyed or harassed” you, that the actions were detrimental to you and served no legitimate purpose, and that you suffered “substantial” emotional distress.
Unlawful harassment is defined as "a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose" (RCW 7.105. 010).
You must explain how you or someone else may be seriously harmed if you don't get protection now, before the restrained person gets notice that you're asking for a protection order. Gather any supporting evidence, such as written statements, printed photos, or documents that help prove what you're saying is true.
Grounds for civil anti-harassment in Washington Washington State law defines “harassment” as a set of willful actions over a period of time that: Annoys, alarms, or harasses you and serves no “lawful or legitimate” purpose. Causes a reasonable person to suffer substantial emotional distress.
Harassment may include: sending abusive text messages or images. posting abusive messages on social media. neighbour disputes that involve abusive behaviour or damage to property. repeated antisocial behaviour. making unwanted or offensive phone calls.
The best way to win in a domestic violence restraining order case is to provide strong evidence that the petitioner is not being truthful. In these types of cases, the courts tend to side with the supposed victim of domestic violence, especially if other family members are in danger.
A Violence Restraining Order only applies to people who are not in a domestic or family relationship. You must lodge an application form (available from any court registry or online by visiting .magistratescourt.wa.au) and ask to have the first hearing in the absence of the respondent.
(g) "Harasses" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, torments, or is detrimental to such person, and which serves no legitimate or lawful purpose.
At the final hearing, the burden is on the petitioner to prove by a preponderance of the evidence that facts satisfy whichever statute they are seeking protection under. The petitioner gets to present his or her evidence to the court (testimony, declarations, sworn reports) and then the respondent gets to do the same.
