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However, violation of a protection order can be considered a class C felony if it occurred through an act of reckless endangerment or assault, or if the offender has two or more previous convictions for similar violations, in which case, pursuant to RCW §9A.
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.
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 violation of an order can be a misdemeanor crime, which can be punishable by up to one year in jail and a fine of up to $25,000. ing to Alaska law the police are supposed to make an arrest if: you report the violation within 12 hours after it happened; and.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
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.
Before a judge allows a restraining order, a temporary restraining order will be served. A judge can serve a temporary restraining order without you present and sets a date for a more formal hearing that you will appear. During this second hearing will be your chance to fight the restraining order.
To obtain a permanent protective order, however, a hearing is usually required. At the court hearing, you will need to convince the court that your safety is at risk and you feel reasonable apprehension of imminent harm.