Washington Petition to for Restraining Order due to Domestic Violence

State:
Multi-State
Control #:
US-02223BG
Format:
Word; 
Rich Text
Instant download

Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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  • Preview Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?

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FAQ

The process for obtaining a civil anti-harassment order begins with the filing of a petition in the court of proper jurisdiction. In Washington, this petition must be filed either in a district or superior court within the county where the harassment is occurring or where the petitioner resides.

Ex Parte Action With Order (EXWACT) - An ex parte matter resulting in a signed judicial order. Ex Parte Action Without Order (EXOACT) - An ex parte matter not resulting in a signed judicial order. transaction slip for a matter conducted off the bench and filing the slip with the clerk for docketing.

If this does not result in a favorable outcome, an appeal to a higher-level court can be undertaken. The second option is to bypass the revision process entirely and file your appeal directly to the Washington State Court of Appeals within 30 days of the protection order's issuance.

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.

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.

After the initial hearing, if you are looking to terminate the order, Washington law requires that you file a motion to set aside the restraining order. With the help of a lawyer, put a specific reason you feel the restraining order should be terminated in your motion.

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Washington Petition to for Restraining Order due to Domestic Violence