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Permanent Injunction For Protection In Washington
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The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
Restraining orders are provisional measures or temporary fixes pending the final case determination. However, injunctions last for extended periods and are granted after both parties in the case have been heard.
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.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability. See, e.g., Roe v. Wade 410 US 113 (1973).
A mandatory injunction is an order that requires the defendant to act positively. A permanent injunction is permanent relief granted after a final adjudication of the parties' legal rights. Such final relief can be prohibitive or mandatory in nature. An interim injunction is a pre-trial form of relief.
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
Within 10 DAYS after the entry of the order you can ask for reconsideration or revision. Ask for reconsideration if the decision was legally incorrect or you have newly discovered evidence. Ask for revision if your case was decided by a court commissioner (not a judge), and you want a judge to review the same evidence.
In California, either party can appeal a judge's decision to grant or deny a restraining order. In filing an appeal, you are asking a higher court to review the court's ruling.
Ask for reconsideration if the decision was legally incorrect or you have newly discovered evidence. Ask for revision if your case was decided by a court commissioner (not a judge), and you want a judge to review the same evidence. File your motion for reconsideration or revision with the court clerk.
A notice of appeal must be filed in the trial court within the longer of (1) 30 days after the entry of the decision of the trial court which the party filing the notice wants reviewed, or (2) the time provided by statute as described in RAP 5.2e.