Washington Motion for Protective Order against Trial Deposition
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How to fill out Motion For Protective Order Against Trial Deposition?
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FAQ
Unfortunately, it does not matter who initiated or invited the contact. The alleged victim is not restricted from initiating contact with the defendant. If you reply to their electronic communication or do not immediately leave their physical proximity, this is considered a ?willful? violation of the order.
Penalties for Protection Order Violations in Washington: Violation of a protection order is usually considered a gross misdemeanor, which RCW §9A. 20.021 defines as punishable by up to one year in jail, a maximum fine of $5,000, or both. In addition to these penalties, RCW §26.50.
If you are on the receiving end of a final order of protection entered against you in Washington, you may appeal the order. In the state of Washington, you must file your notice of appeal within thirty days of the date the order was filed.
Washington law does provide certain circumstances in which a deponent is able to avoid a deposition. Pursuant to Rule CR 26, a court may issue a protective order for a deponent to prevent the deposition or discovery process from occurring.
Under CR 30(b)(1), a party is required to give 5 days' notice for an oral deposition. CR 43(f)(1) requires a party to give 10 days' notice for the attendance of a party or managing agent at trial.
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.
Washington State law allows you to ask a judge to grant an order to protect you from another person. You might seek a ?Protection Order? for a number of reasons. These include if the person is abusing, threatening or exploiting you. A Protection Order means that person is not allowed to contact or harm you.
In many cases, questions that do not have to be answered fall into three categories: Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). ... Privileged information. ... Irrelevant information.