Restraining Order Template With Example In Washington
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.
Start with a general paragraph summarizing the overall history of abuse, how long it has lasted, and your efforts to stop it. Be as specific as possible and give details about how you or others were harmed by Respondent. Organize your declaration with the most recent events first, going backward in time.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
A protection order is a type of "restraining order" that you, (the petitioner), can file against another person, (the respondent), who is committing harm. It is a civil court order (that you can request), issued by a judge, meant to protect you from another person committing harm against you.
A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.
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.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
