Restraining Order Template Without Consent In Washington
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FAQ
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
A judge will grant an ex parte temporary order only if s/he believes that you are in danger of serious immediate harm or permanent (irreparable) injury.
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
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 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.
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.
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).
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.
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.
Courts in Washington State can impose penalties of jail time up to one year, a fine of up to $5,000, or both jail time and a fine. Also, the judge can order electronic monitoring. Getting convicted of violating an order of protection can have a significant negative impact on your life.
