When you are subject to a protection order —also referred to as a restraining order—it disrupts your life immediately, but you also need to consider the long-term implications. Violations, for instance, can be charged as a crime. But even if you comply with every aspect of a protection order, you may worry that the protection order will go on your record and cause people to treat you differently.
At Burke Brown Attorneys, PLLC, we have decades of experience helping to minimize the negative impacts of protection orders, which can often be much worse than you might expect. In this post, we’ll review the different types of protection orders in Washington, explain how they can affect your record, and look at steps you can take to protect yourself and your future if you are subject to a protection order.
Protection Orders in Washington
A protection order is a court order that someone can ask the court to issue against another person. These orders prohibit the other person from taking certain actions.
Protective orders can be set up to prohibit only specific types of conduct, or they can be very broad and prohibit all types of potential interaction and communication. If a protection order is entered against you, it is vitally important to understand what you must do to comply, or you could unintentionally end up violating the order. Working closely with the right attorney is one way to prevent this type of problem.
Different Types of Protection Orders
Courts in Washington issue several types of protection orders, including:
● Domestic violence protection orders
● Sexual assault protection orders
● Antiharassment protection orders
● Stalking protection orders
● Extreme risk protection orders
Domestic violence protection orders are among the most common. These orders are issued when someone feels threatened by another family member or household member, or an intimate partner such as a spouse or a person they’ve dated. Sexual assault protection orders protect victims of nonconsensual sexual conduct, and extreme risk protection orders are designed to prevent dangerous individuals from possessing firearms. Antiharassment protection orders and stalking prevention orders are intended to prevent stalking or other unwanted behavior that has caused someone unnecessary emotional distress.
In situations where someone wants protection from stalking, harassment, or other unwanted behavior by an intimate partner or member of their family or household, the court will generally issue a domestic violence protection order rather than one of the other types of protection orders.
Obtaining a Protection Order
To seek a protection order, an individual (or their attorney) files a petition in civil court. Depending on the situation, the court may immediately issue a temporary protection order. The court will also schedule a full hearing to determine whether a protection order is justified and what the terms of the order should be.
Law enforcement officials will serve papers on the person who is the subject of the protection order to give that person notice and the opportunity to make their case at the hearing as to why the order should not be issued or should be limited in scope. During the hearing, the judge will consider evidence before issuing an order.
Protection Orders and Your Record
Obviously, when a protection or restraining order is issued against you, it affects what you are allowed to do while the order remains in effect. For instance, you may not be permitted to enter the family home or have contact with certain individuals. However, as an order of the court, protection orders can have other effects you might not expect.
The Impact of a Protection Order
Temporary protection orders are obtained on an emergency basis after hearing evidence from only one party, so these orders can only remain in effect for two weeks or less, although they can be extended in certain circumstances. A protection order issued after a hearing generally lasts at least a year and can be made permanent.
The terms in the order determine what you can and cannot do while the order is in effect, so it is important to review the terms and follow them to the letter.
Who Can See a Protection Order Entered Against You?
Because a protection order is considered a court record, it can be accessed by the public as a matter of law. In that sense, although it is not necessarily connected to a criminal offense, a civil protection order becomes part of your record. For as long as it is in force it will also be visible as an active protection order to anyone who performs a background check on you, including potential employers and landlords.
Protecting Yourself When a Protection Order is Issued Against You
Because a protection order can negatively impact your opportunities for years to come, it is important to take the right steps to safeguard your future. An attorney experienced in dealing with protective orders can advise you regarding specific ways to protect your interests, but generally, it is important to ensure that you remain in compliance with the order, avoiding anything that could be treated as a violation. If you are applying for a job or in another situation where you will be subject to a background check and you have an active order against you, it might be wise to inform those involved about the order ahead of time so that you can explain it and potentially mitigate the impact, showing that you have nothing to hide.
Can You Clear Your Record?
A protection order becomes part of your criminal history record, although it will not be marked as a criminal conviction. The order is held by law enforcement officials while it remains active because they need to be able to enforce the order if necessary.
When the order expires, it will no longer be enforceable, but it will remain on your record. Both active and inactive protection orders remain in the court files and are accessible to the public. The order will show up in background checks, although if the order is no longer active, the inactive status should be apparent. Although it is possible to get many types of legal action removed or expunged from your record, it is unfortunately difficult if not impossible to have a protective order taken off your record or sealed. Your attorney can develop a strategy to restore your reputation and take proactive measures to reduce the negative impact of having a protection order on your record.
Facing a Protection Order? We’re Here to Help
At Burke Brown Attorneys, we refer to protection orders as “wolves in sheep’s clothing” because they can potentially cause serious damage to your life. We know these orders are often obtained with very little evidence and that unintentionally violating them can be easy.If you are dealing with a protection order, we work to defend your rights and future opportunities, no matter where you are in the process. For a confidential consultation to learn how we can help, call us at 206-933-2414, email us at office@burkebrown.com, or contact us online at burkebrown.com.
Burke Brown Attorneys
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